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
Amends the Emergency Economic Stabilization Act of 2008 (EESA) to direct the Secretary of the Treasury to provide to the Special Inspector General of the Troubled Asset Relief Program (TARP), the Comptroller General, and the Congressional Oversight Panel ongoing, continuous, and close to real-time updates of the status of funds distributed under EESA through a standardized electronic database that combines all of the necessary information from existing public and private sources to track the status of the funds distributed under the Act. Requires the Secretary also to: (1) compare the data in such database with any other data for any activities that are inconsistent with EESA purposes; and (2) collect from all federal agencies any regulatory filings, internal models, financial models, and analytics associated with the financial assistance on at least a daily basis in order to help the Secretary to determine the effectiveness of TARP in stimulating prudent lending and strengthening bank capital. Directs the Secretary, if TARP goals are not being met, to work with the federal agencies supplying the information to have them provide the recipients with recommendations for better meeting such goals. Requires the Secretary, furthermore, to adjust the future uses of TARP assistance if such goals are not met even following such recommendations.
United States · United States Congress · 26 February 2009
Foreclosure Rescue Fraud Act of 2009 - Prohibits a foreclosure consultant from: (1) receiving compensation from a homeowner for services performed regarding residential real property until such consultant has fully performed each service contracted for; (2) holding power of attorney from any homeowner, except to inspect documents; (3) receiving consideration from a third party in connection with services rendered to a homeowner by such third party with respect to the foreclosure, unless such consideration is fully disclosed in writing before such services are rendered; (4) accepting any wage assignment, lien, or other security to secure compensation for services rendered regarding foreclosure of the residential real property; or (5) acquiring any interest in the residence of a homeowner with whom the consultant has contracted. Sets forth contract requirements. Permits a homeowner to cancel such contract without penalty or obligation. Declares void and unenforceable: (1) any waiver by a homeowner of the protections provided in this Act; and (2) any contract that does not comply with this Act. Requires a loan servicer to notify a homeowner of the dangers of fraudulent activities associated with foreclosure if the servicer finds that the homeowner has failed to make two consecutive payments on a residential mortgage loan and such loan is at risk of foreclosure. Subjects any foreclosure consultant who fails to comply with this Act to liability for actual and punitive damages and attorneys' fees. Empowers the Federal Trade Commission (FTC) and the states to enforce this Act.
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 · 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
Renewable Biomass Facilitation Act of 2009 - Amends the Clean Air Act to redefine the term "renewable biomass" as: (1) materials, precommercial thinnings, or exotic species that are removed as byproducts of preventive treatments to reduce hazardous fuels, to reduce or contain disease or insect infestation, or to restore ecosystem health, that would not otherwise be used for higher-value products, and that are harvested from National Forest System land or public lands in accordance with federal and state law, land management plans, and requirements for old-growth maintenance, restoration, management direction, and large-tree retention under the Healthy Forests Restoration Act of 2003; or (2) any organic matter that is available on a renewable or recurring basis from non-federal land or Indian land held in trust by the United States or subject to a restriction against alienation imposed by the United States, including renewable plant material (including feed grains, other agricultural commodities, other plants and trees, and algae) and waste material (including crop residue, other vegetative waste material, animal waste and byproducts, and construction, food, and yard waste).
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 · 25 February 2009
Expresses support for the observance of Colorectal Cancer Awareness Month to provide a special opportunity to offer education on the importance of early detection and screening.
United States · United States Congress · 23 February 2009
Artist-Museum Partnership Act of 2009 - Amends the Internal Revenue Code to allow taxpayers who create literary, musical, artistic, or scholarly compositions or similar property a fair market value (determined at the time of contribution) tax deduction for contributions of such properties, the copyrights thereon, or both, to certain tax-exempt organizations, if such properties are properly appraised and are donated no sooner than 18 months after their creation. Limits the amount of such deduction based upon the donor's artistic adjusted gross income, as defined by this Act.
United States · United States Congress · 23 February 2009
Amends the Internal Revenue Code to: (1) increase the allowable amount of the railroad track maintenance tax credit; (2) revise the types of expenditures eligible for such credit; and (3) extend such credit through 2012.
United States · United States Congress · 13 February 2009
Youth Prison Reduction through Opportunities, Mentoring, Intervention, Support, and Education Act or the Youth PROMISE Act - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to establish a PROMISE Advisory Panel to assist the Office of Juvenile Justice and Delinquency Prevention in: (1) assessing and developing standards and evidence-based practices to prevent juvenile delinquency and criminal street gang activity; and (2) collecting data in designated geographic areas to assess the needs and existing resources for juvenile delinquency and criminal street gang activity prevention and intervention. Authorizes the Administrator of the Office of Juvenile Justice and Delinquency Prevention to award grants to local governments and Indian tribes to: (1) plan and assess evidence-based and promising practices for juvenile delinquency and criminal street gang activity prevention and intervention, especially for at-risk youth; and (2) implement PROMISE plans, developed by local PROMISE Coordinating Councils (PCCs), for coordinating and supporting the delivery of juvenile delinquency and gang prevention and intervention programs in local communities. Establishes a National Research Center for Proven Juvenile Justice Practices to provide PCCs and the public with current research and other information about evidence-based practices related to juvenile delinquency and criminal street gang prevention and intervention. Directs the Administrator to award grants to: (1) allow institutions of higher education to serve as regional research partners with PCCs; and (2) hire and train law enforcement officers as youth-oriented police to work with PCCs, other community-based organizations, and high-risk youth. Establishes a Center for Youth-Oriented Policing. Mynisha's Law - Authorizes any local government or Indian Tribe with a PCC to submit an application to the Administrator of the Office of Juvenile Justice and Delinquency Prevention for designation as a Comprehensive Gang Prevention and Relief Area. Authorizes the Attorney General to award grants to partnerships comprising state mental health authorities and local or private entities to prevent or alleviate the effects of youth violence in urban communities with a high or increasing incidence of such violence. Prevention Resources for Eliminating Criminal Activity Using Tailored Interventions in Our Neighborhoods Act of 2009 or the PRECAUTION Act - Establishes the National Commission on Public Safety Through Crime and Delinquency Prevention to: (1) carry out a comprehensive study of the effectiveness of certain crime and delinquency prevention and intervention strategies: and (2) make initial and final reports on such strategies to specified federal and state officials. Authorizes the Director of the National Institute of Justice to make three-year grants to public and private entities for the implementation and evaluation of innovative crime or delinquency prevention or intervention strategies. Amends the Violent Crime Control and Law Enforcement Act of 1994 to authorize grants for the creation and expansion of state, local, and tribal juvenile witness and victim protection grants.
United States · United States Congress · 13 February 2009
Firearms Interstate Commerce Reform Act - Amends the federal criminal code to: (1) allow licensed firearms importers, manufacturers, dealers, or collectors (licensees) to sell or deliver any firearm (currently, rifles or shotguns) to a resident of a state other than the state in which the licensee is located or temporarily located if the licensee meets with the purchaser to complete the sale or delivery and the transaction complies with the laws of the state in which the transfer is conducted and the purchaser's state of residence; and (2) eliminate the requirement that a licensee must conduct business at a gun show only in the state that is specified on the licensee's license. Provides that nothing in this Act shall be construed to prohibit the sale or other disposition of a firearm or ammunition: (1) between licensed firearms dealers at any location in any state; or (2) by a licensed importer, manufacturer, or dealer to an unlicensed person at a temporary location in any state.
United States · United States Congress · 13 February 2009
Pulmonary Fibrosis Research Enhancement Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) develop a system to collect data on pulmonary fibrosis and other interstitial lung diseases; (2) establish the National PF Registry; and (3) establish the National Pulmonary Fibrosis Advisory Board. Allows the Secretary, acting through the Director of the CDC, to provide for the collection, analysis, and reporting of data on pulmonary fibrosis and other interstitial lung diseases that can be confused with, misdiagnosed as, and progress to pulmonary fibrosis. Requires the Secretary, in developing the Registry, to: (1) expand and coordinate existing data and surveillance systems, surveys, registries, and other federal public health and environmental infrastructure; and (2) provide for research access to pulmonary fibrosis data. Directs the Secretary to ensure that epidemiological and other types of information are made available to the National Institutes of Health (NIH) and the Department of Veterans Affairs (VA). Requires the Director of the National Heart, Lung, and Blood Institute to expand, intensify, and coordinate Institute pulmonary fibrosis research activities. Requires the Director of CDC to prepare the National Pulmonary Fibrosis Action Plan. Requires the Secretary to: (1) convene a summit of individuals with expertise in research and care of pulmonary fibrosis to provide a detailed overview of NIH research activities and discuss potential collaborations between NIH and other federal health agencies; and (2) make information about NIH activities relating to pulmonary fibrosis publicly available.
United States · United States Congress · 13 February 2009
Condemns the government of Iran for its state-sponsored persecution of its Baha'i minority and its continued violation of the International Covenants on Human Rights. Calls on the government of Iran to release the seven leaders and all other prisoners held solely on account of their religion, including: Mrs. Fariba Kamalabadi, Mr. Jamaloddin Khanjani, Mr. Afif Naeimi, Mr. Saeid Rezaie, Mr. Behrouz Tavakkoli, Mrs. Mahvash Sabet, Mr. Vahid Tizfahm, Ms. Raha Sabet, Mr. Sasan Taqva, and Ms. Haleh Roohi.
United States · United States Congress · 12 February 2009
Access to America's Orthopaedic Services Act of 2009 - Requires the Secretary of Health and Human Services to establish criteria for accounting and reporting the effort expended by researchers on musculoskeletal research funded with certain grants. Sets forth reporting requirements related to musculoskeletal health, including on: (1) research funded by the National Institutes of Health (NIH); (2) federal programs and activities relating to musculoskeletal trauma care; (3) a standard unit for the measurement of bone mass under the Medicare program; (4) access to orthopaedic services by certain federal health program beneficiaries; and (5) childhood musculoskeletal diseases, conditions, and injuries in the United States. Amends the Public Health Service Act to require the Organ Procurement and Transplantation Network to establish the Transplantation Transmission Sentinel Network to track disease transmission from organ, tissue, or eye transplants. Requires the Secretary to issue regulations relating to the accreditation of: (1) establishments engaged in the manufacture of human cells, tissues, and cellular and tissue-based products; and (2) personnel who participate in related activities. Requires the Secretary to conduct studies related to: (1) a national registry of artificial joint replacements in Medicare beneficiaries; (2) severe trauma to extremities resulting from motor vehicle crashes; (3) workplace-related musculoskeletal injuries and conditions; (4) funding available for graduate medical education in orthopaedics; (5) methods for measuring bone mass in Medicare beneficiaries; and (6) aging in the United States. Requires the Secretary to: (1) conduct a national public awareness program on musculoskeletal health; and (2) award grants for certain health and aging activities for seniors. Provides for musculoskeletal diseases and conditions to be treated as a priority within the Office of Minority Health.
United States · United States Congress · 12 February 2009
Sole Community Hospital Preservation Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act with respect to the prospective payment system (PPS) for hospital outpatient department (OPD) services, particularly the transitional adjustment for sole community hospitals to limit any decline in payment. Continues to hold sole community hospitals harmless from any decline in payment. Increases the payment for covered OPD services furnished on or after January 1, 2010, in a sole community hospital by the amount of any difference between the pre-Balanced Budget Act of 1997 (pre-BBA) amount and a lesser PPS amount. Prescribes an increase of 7.1% in payment for such services (before the application of outliers and coinsurance). Permits the Secretary of Health and Human Services to revise such percentage based on a study comparing costs incurred by sole community hospitals located in rural areas by ambulatory payment classification groups (APCs) to costs incurred by hospitals located in urban areas. Bars any such increase in payment for devices, drugs, or biologicals.
United States · United States Congress · 12 February 2009
Arbitration Fairness Act of 2009 - Declares that no predispute arbitration agreement shall be valid or enforceable if it requires arbitration of: (1) an employment, consumer, or franchise dispute, or (2) a dispute arising under any statute intended to protect civil rights. Declares, further, that the validity or enforceability of an agreement to arbitrate shall be determined by a court, under federal law, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement. Exempts from this Act arbitration provisions in collective bargaining agreements.
United States · United States Congress · 12 February 2009
Veterans Health Care Budget Reform and Transparency Act of 2009 - Requires, beginning with FY2011, a two-fiscal-year discretionary new budget authority for the following accounts of the Department of Veterans Affairs (VA): (1) Medical Services; (2) Medical Support and Compliance; and (3) Medical Facilities. Requires the Comptroller General to conduct a study on the adequacy and accuracy of VA baseline model projections for health care expenditures.
United States · United States Congress · 12 February 2009
Veterans Physical Therapy Services Improvement Act of 2009 - Establishes in the Veterans Health Administration (VHA) of the Department of Veterans Affairs (VA): (1) the position of Director of Physical Therapy Service; and (2) degree and license requirements for appointment to a physical therapist position. Establishes the Department of Veterans Affairs Geriatric, Amputee, Polytrauma, and Rehabilitation Research Fellowships Program to assist in the recruitment of qualified physical therapists for VHA positions specializing in the areas of geriatrics, amputee rehabilitation, polytrauma care, and rehabilitation research.
United States · United States Congress · 11 February 2009
Derivatives Markets Transparency and Accountability Act of 2009 - Amends the Commodity Exchange Act to prohibit the Commodity Futures Trading Commission (CFTC) from permitting a foreign board of trade to provide its U.S-located members with access to the CFTC electronic trading system and order matching system with respect to an agreement, contract, or transaction that settles against any price (including the daily or final settlement price) of one or more contracts listed for trading on a registered entity, unless such board meets requirements similar to those imposed upon U.S. exchanges. Directs the CFTC to: (1) define and classify index traders and swap dealers for purposes of data reporting requirements; and (2) set routine detailed reporting requirements for any positions of such entities in contracts traded on designated contract markets, derivatives transaction execution facilities, foreign boards of trade, and electronic trading facilities with respect to significant price discovery contracts. Requires the CFTC, to the extent information is available, to disaggregate and make public monthly: (1) the number of positions and total notional value of index funds and other passive, long-only and short-only positions in all markets; and (2) data on speculative positions relative to bona fide physical hedgers in those markets. Subjects persons involved in derivative and swap transactions, as well as large traders in over-the-counter contracts, to reporting and recordkeeping requirements. Directs the CFTC to set position limits for any one person with respect to: (1) contracts of sale for future delivery; or (2) options on such contracts or commodities traded on or subject to the rules of a contract market or derivatives transaction execution facility or on an electronic trading facility as a significant price discovery contract. Directs the CFTC to: (1) appoint a sufficient number of new full-time employees; (2) review prior actions to ensure compliance with this Act; and (3) review over-the-counter markets. Directs the Government Accountability Office (GAO) to study and report to specified congressional committees on the international regime for regulating the trading of energy commodity futures and derivatives. Directs the CFTC to assess whether certain derivative, swap, and similar agreements, contracts, or transactions that are fungible with agreements, contracts, or transactions traded on or subject to the rules of any board of trade or electronic trading facility with respect to a significant price discovery contract have the potential to: (1) disrupt the liquidity or price discovery function on a registered entity; (2) cause a severe market disturbance in the underlying cash or futures market; or (3) prevent or otherwise impair the price of a contract listed for trading on a registered entity from reflecting the forces of supply and demand in any market. Authorizes the CFTC, upon a positive finding, to impose position limits. Authorizes the CFTC to use expedited procedures to carry out this Act. Makes specified exclusions and exemptions from the Commodity Exchange Act available only for certain transactions settled and cleared through registered derivatives clearing organizations or other regulated entities, including national banks, state member banks, insured state nonmember banks, affiliates of any of these, or corporations chartered to do foreign banking. Treats as commodities exempt from Commodity Exchange Act coverage: (1) any allowance authorized under law to emit a greenhouse gas; and (2) any credit authorized under law toward the reduction in greenhouse gas emissions or an increase in carbon sequestration. Directs the CFTC to enter into a memorandum of understanding with the Secretary of Agriculture which shall ensure that any procedures and protocols developed for a market-based greenhouse gas program are properly constructed and coordinated to maximize credits for carbon sequestration. Amends the Inspector General Act of 1978 with respect to the Office of Inspector General of the CFTC. Authorizes the CFTC to: (1) suspend trading of credit default swaps; and (2) initiate and conduct criminal litigation relating to a violation of the Commodity Exchange Act if the Attorney General has declined to do so.
United States · United States Congress · 11 February 2009
State Secret Protection Act of 2009 - Declares that in any civil action brought in federal or state court the government has a privilege to refuse to give information and to prevent any person from giving information only if the government shows that public disclosure of the information that the government seeks to protect would be reasonably likely to cause significant harm to the national defense or the diplomatic relations of the United States. Requires the court to take steps, including in camera hearings and other proceedings, to protect sensitive information that comes before it. Sets forth rules regarding the participation of counsel or the disclosure of information when it presents a risk of harm. Provides for court-ordered presentation of adequate or nonprivileged substitutes for privileged information. Allows the government to: (1) assert the privilege in connection with any claim in a civil action to which it is a party; or (2) intervene in a civil action to which it is not a party in order to do so. Provides that once the government has asserted the privilege, and before the court makes any determinations, the court shall: (1) undertake a preliminary review of the information in question; and (2) provide the government an opportunity to seek protective measures under this Act. Establishes procedures and a standard for assessing the privilege claim. Allows disclosure of information to a nongovernmental party, or admission at trial under the rules of evidence, if the court determines that the privilege is not validly asserted. Prohibits such disclosure or admission if the privilege is determined valid. Grants the courts of appeal jurisdiction of an appeal by any party from any interlocutory decision or order of a U.S. district court.
United States · United States Congress · 11 February 2009
Northern Rockies Ecosystem Protection Act - Designates the following lands in Idaho, Montana, Oregon, Washington, and Wyoming as wilderness and components of the National Wilderness Preservation System (System): (1) Greater Glacier/Northern Continental Divide ecosystem; (2) Greater Yellowstone ecosystem; (3) Greater Salmon/Selway ecosystem; (4) Greater Cabinet/Yaak/Selkirk ecosystem; (5) Greater Hells Canyon ecosystem; (6) Islands in the Sky Wilderness; and (7) Blackfeet Wilderness. Designates: (1) specified wild land areas as Biological Connecting Corridors to protect the life flow of the Northern Rockies Bioregion; (2) the inventoried roadless areas identified as part of the Corridors as wilderness and components of the System; and (3) certain biological connecting corridors as special corridor management areas. Amends the Wild and Scenic Rivers Act to designate segments of specified rivers and creeks in Idaho, Montana, and Wyoming as components of the National Wild and Scenic Rivers System. Establishes the National Wildland Restoration and Recovery System and the National Wildland Recovery Corps. Requires the Secretaries of the Interior and Agriculture to assure nonexclusive access to the specified areas and corridors designated by this Act by Native Americans for traditional cultural and religious purposes.
United States · United States Congress · 11 February 2009
Physical Therapist Student Loan Repayment Eligibility Act of 2009 - Amends the Public Health Service Act to include physical therapy within the definition of "primary health services" for purposes of provisions concerning the National Health Service Corps. Makes physical therapists eligible for repayment of their educational loans in order to ensure an adequate supply of physical therapists.
United States · United States Congress · 11 February 2009
Declares that Congress commits to passing, within 18 months, legislation that guarantees health care for women and all individuals and that establishes coverage that enables women to attain good health that they can maintain during their reproductive years and throughout their lives. Requires such legislation to: (1) recognize the role of women as health care consumers, caregivers, and providers; (2) guarantee a level of benefits and care necessary to achieve and maintain good health throughout a woman's lifetime and lessen the burdens caused by poor health; (3) promote primary and preventive care; (4) provide a choice of public and private insurance plans and direct access to a choice of health care providers to ensure continuity of coverage and a delivery system that meets the needs of women; (5) eliminate disparities in health coverage, treatment, and outcomes on the basis of gender, culture, race, ethnicity, socioeconomic status, health status, or sexual orientation; (6) share financing responsibility among employers, individuals, and the government while taking into account small business needs; (7) ensure affordable access to health care; (8) enhance health care quality and patient safety; (9) ensure a sufficient supply of qualified providers through expanded medical and public health education and adequate reimbursement; (10) ensure every woman access to a women's medical home, including direct access to women's health care providers and care coordination, throughout each woman's lifetime; (11) recognize and promote the role of women as providers of health care; and (12) promote administrative efficiency and ease of use. Urges the President sign such legislation.
United States · United States Congress · 10 February 2009
Compensation Owed for Mental Health Based on Activities in Theater Post-traumatic Stress Disorder Act or COMBAT PTSD Act - Defines "combat with the enemy," for purposes of proof of service-connection for veterans' disability compensation, as service on active duty: (1) in a theater of combat operations during a period of war; or (2) in combat against a hostile force during a period of hostilities.
United States · United States Congress · 10 February 2009
Federal Firefighters Fairness Act of 2009 - Provides that: (1) specified diseases, including heart disease, lung disease, tuberculosis, hepatitis, human immunodeficiency virus (HIV), and specified cancers, of federal employees in fire protection activities shall be presumed to be proximately caused by such employment; (2) the disability or death of such an employee due to such a disease shall be presumed to result from personal injury sustained while in the performance of duty; and (3) such presumptions may be rebutted by a preponderance of the evidence. Defines an "employee in fire protection activities" as a firefighter, paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous material worker, who: (1) is trained in fire suppression; (2) has the legal authority and responsibility to engage in fire suppression; (3) is engaged in the prevention, control, and extinguishment of fires or response to emergency situations where life, property, or the environment is at risk; and (4) performs such activities as a primary responsibility of his or her job. Directs the National Institute of Occupational Safety and Health (NIOSH) to examine the implementation of this Act and appropriate scientific and medical data related to the health risks associated with firefighting and to report to Congress on: (1) an analysis of the injury claims made under this Act; (2) an analysis of the available research related to the health risks associated with firefighting; and (3) recommendations for any administrative or legislative actions necessary to ensure that those diseases most associated with firefighting are included in the presumption created by this Act.
United States · United States Congress · 4 February 2009
James Zadroga 9/11 Health and Compensation Act of 2009 - Amends the Public Health Service Act to establish within the National Institute for Occupational Safety and Health the World Trade Center Health Program (WTC program) to provide: (1) medical monitoring and treatment benefits to eligible emergency responders and recovery and cleanup workers who responded to the World Trade Center terrorist attacks on September 11, 2001; and (2) initial health evaluation, monitoring, and treatment benefits to residents and other building occupants and area workers who were directly impacted and adversely affected by such attacks. Requires the WTC program administrator to: (1) implement a quality assurance program; (2) establish the WTC Health Program Scientific/Technical Advisory Committee; (3) establish the WTC Responders Steering Committee and the WTC Community Program Steering Committee; (4) provide for education and outreach on services under the WTC program; (5) provide for the uniform collection of data related to WTC-related health conditions; (6) conduct research on physical and mental health conditions that may be related to the September 11 terrorist attacks; and (7) extend and expand arrangements with the New York City Department of Health and Mental Hygiene to provide for the World Trade Center Health Registry. Authorizes the administrator to make grants to the Department to address mental health needs relating to the terrorist attacks. Amends the Air Transportation Safety and System Stabilization Act to: (1) make individuals eligible for compensation under the September 11 Victim Compensation Fund of 2001 for harm as a result of debris removal; and (2) extend the deadline for making a claim for compensation.
United States · United States Congress · 4 February 2009
Performance Rights Act - Amends federal copyright law to: (1) grant performers of sound recordings equal rights to compensation from terrestrial broadcasters; (2) establish a flat annual fee in lieu of payment of royalties for individual terrestrial broadcast stations with gross revenues of less than $1.25 million and for noncommercial, public broadcast stations; (3) grant an exemption from royalty payments for broadcasts of religious services and for incidental uses of musical sound recordings; and (4) grant terrestrial broadcast stations that make limited feature uses of sound recordings a per program license option. Prohibits taking into account license fees payable for public performance via digital audio transmission of sound recordings in any proceeding to set or adjust the license fees for the purpose of reducing or adversely affecting such license fees. (Current law prohibits taking those fees into account in such a proceeding without referencing the purpose.) Prohibits anything in this Act from adversely affecting the public performance rights or royalties payable to songwriters or copyright owners of musical works. Prohibits taking into account the rates established by the Copyright Royalty Judges in any proceeding to reduce or adversely affect the license fees payable for public performances by terrestrial broadcast stations. Requires that such license fees for the public performance of musical works be independent of license fees paid for the public performance of sound recordings. Revises provisions relating to proceeds from the licensing of transmissions.
United States · United States Congress · 4 February 2009
American Anti-Torture Act of 2009 - Amends the Detainee Treatment Act of 2005 to prohibit any person in the custody or control of the United States (under current law, the Department of Defense) from being subject to any treatment or technique of interrogation not authorized by and listed in the U.S. Army Field Manual on Human Intelligence Collector Operations. Makes such prohibition inapplicable with respect to any person in the custody or control of the United States (under current law, the Department of Defense) pursuant to a U.S. criminal or immigration law.
United States · United States Congress · 4 February 2009
Stem Cell Research Enhancement Act of 2009 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to conduct and support research that utilizes human embryonic stem cells, regardless of the date on which the stem cells were derived from a human embryo. Limits such research to stem cells that meet the following requirements: (1) the stem cells were derived from human embryos donated from in vitro fertilization clinics, were created for the purposes of fertility treatment, and were in excess of the needs of the individuals seeking such treatment; (2) prior to donation, it was determined that the embryos would never be implanted in a woman and would otherwise be discarded; and (3) the individuals seeking fertility treatment donated the embryos with written informed consent and received no financial or other inducements.
United States · United States Congress · 4 February 2009
Save American Energy Act - Amends the Public Utility Regulatory Policies Act of 1978 to establish a federal energy efficiency resource standard for retail electricity and natural gas distributors. Requires the Secretary of Energy to: (1) establish a program to implement, enforce, review, and adjust performance standards for specified cumulative electricity and natural gas savings for 2012 through 2020; (2) promulgate regulations establishing performance standards for 2021 through 2030 and for subsequent years by specified deadlines; and (3) set such standards at levels reflecting the maximum achievable level of cost-effective energy efficiency potential, taking into account cost-effective energy savings achieved by leading retail electricity and natural gas distributors, opportunities for new codes and standard savings, technology improvements, and other indicators of cost-effective energy efficiency potential. Prohibits standards for any year from being lower than the standard for 2020. Requires each retail electricity and natural gas distributor to submit a report annually demonstrating that it has achieved required savings and requires the Secretary to verify that performance standards have been met. Authorizes distributors to use electricity or natural gas savings purchased from another distributor, a state, or a third party efficiency provider to meet such standards. Provides for state administration of an energy efficiency program to meet the requirements of this Act. Requires the Secretary to contract with the National Academy of Sciences to submit a comprehensive evaluation of all aspects of the program established by this Act by July 1, 2017, and every 10 years thereafter.
United States · United States Congress · 4 February 2009
Direct Support Professionals Fairness and Security Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act to provide funds to states to enable them to increase the wages paid to targeted direct support professionals in providing services to individuals with disabilities under the Medicaid program. Directs the Secretary of Health and Human Services, through the Inspector General of the Department of Health and Human Services, to audit a sample from among the states in order to assess the effectiveness of progress made in reducing or eliminating the wage gap between targeted and reference direct support professionals through funds under this Act. Requires the Comptroller General to study and report to Congress on the wage equalization and recruitment and retention of direct support professionals who are providing services and supports to individuals with disabilities.
United States · United States Congress · 4 February 2009
American Renewable Energy Act – Amends the Public Utility Regulatory Policies Act of 1978 to require the Secretary of Energy to establish a program to implement and enforce a renewable electricity trading program, including requirements governing the issuance, tracking, and retirement of federal renewable electricity credits. Requires each retail electric supplier to submit to the Secretary, annually, a quantity of federal renewable electricity credits equal to the supplier's base amount (electricity sold) for the calendar year multiplied by a specified annual percentage for 2012 though 2039. Authorizes suppliers to satisfy such requirement by submitting, in lieu of each credit, a payment equal to the lesser of: (1) 200% of the average market value of a credit for the previous compliance year; or (2) five cents, adjusted each year after 2009 based on the Gross Domestic Product Implicit Price Deflator. Requires such payments to be deposited in a Renewable Electricity Deployment Fund, from which payments shall be made to suppliers that have submitted credits in compliance with their obligations for the preceding year. Requires the Secretary to issue to each generator of renewable electricity one federal renewable electricity credit for each kilowatt hour of renewable electricity generated. Provides for the issuance of credits: (1) to suppliers for renewable electricity generated with the support of payments from a supplier pursuant to a state renewable electricity program; (2) to distributed generation facilities; (3) for qualifying hydropower; and (4) to generators that produce electricity using both a renewable energy resource and a non renewable resource. Provides for: (1) the trading and banking of credits; (2) Federal Energy Regulatory Commission (FERC) oversight of the market for such credits; and (3) civil penalties for noncompliance. Requires the Secretary to contract with the National Academy of Sciences to submit periodic comprehensive evaluations of the federal renewable electricity trading program. Terminates this Act on December 31, 2040.
United States · United States Congress · 3 February 2009
Military Retirees Health Care Protection Act - Expresses the sense of Congress that: (1) the Department of Defense (DOD) and the nation have a committed health benefits obligation to retired military personnel that exceeds the obligation of corporate employers to civilian employees; and (2) DOD has many additional options to constrain the growth of health care spending in ways that do not disadvantage beneficiaries, and should pursue such options rather than seeking large fee increases for beneficiaries. Prohibits an increase after: (1) April 1, 2006, in a premium, deductible, copayment, or other charge prescribed by the Secretary of Defense for medical and dental health care coverage for military personnel; and (2) September 30, 2009, in the dollar amount of a cost-sharing requirement under the DOD pharmacy benefits program. Prohibits: (1) charges for DOD inpatient care from exceeding $535 per day; and (2) beginning on January 1, 2009, an increase in premiums under TRICARE (a DOD managed health care program) for certain members of the Selected Reserve.
United States · United States Congress · 3 February 2009
Brewers Excise and Economic Relief Act of 2009 - Amends the Internal Revenue Code to: (1) reduce from $18 to $9 ( the pre-1991 level) the per-barrel tax on beer; and (2) allow a further reduction in such tax for brewers who produce not more than 2 million barrels annually.
United States · United States Congress · 3 February 2009
Superfund Polluter Pays Act - Amends the Internal Revenue Code by reinstating until January 1, 2019, the Hazardous Substance Superfund financing rate and the corporate environmental income tax.
United States · United States Congress · 2 February 2009
Georges Bank Preservation Act - Prohibits the issuance of any lease or other authorization by the federal government for exploration, development, or production of oil or natural gas in: (1) any marine national monument or national marine sanctuary; or (2) the fishing grounds known as Georges Bank in the waters of the United States.
United States · United States Congress · 28 January 2009
Military Surviving Spouses Equity Act - Repeals certain provisions which require the offset of amounts paid in dependency and indemnity compensation from Survivor Benefit Plan (SBP) annuities for the surviving spouses of former military personnel who are entitled to military retired pay or who would be entitled to retired pay except for being under 60 years of age. Prohibits requiring repayment of certain amounts previously paid to SBP recipients in the form of a retired pay refund. Repeals the optional authority of (and instead requires) the Secretary of the military department concerned to pay an annuity to a member's dependent children when there is no eligible surviving spouse. Directs the Secretary concerned to restore annuity eligibility to a surviving spouse who earlier agreed to transfer such eligibility to a surviving child or children of a member.
United States · United States Congress · 28 January 2009
Pedestrian Safety Enhancement Act of 2009 - Directs the Secretary of Transportation to study and report to Congress on the minimum level of sound that is necessary to be emitted from a motor vehicle, or some other method, to alert blind and other pedestrians of the presence of operating motor vehicles while traveling.
United States · United States Congress · 27 January 2009
Hardrock Mining and Reclamation Act of 2009 - Applies this Act to any mining claim, millsite claim, or tunnel site claim located under the general mining laws or used for beneficiation or mineral processing activities, regardless of whether legal and beneficial title to the mineral is held by the United States. Conditions federal issuance of a patent for any such mining or millsite claim upon specified determinations by the Secretary of the Interior. Subjects production of locatable minerals to a royalty of 8% of the gross income from mining. Imposes a 4% royalty upon federal lands subject to an existing permit, and specified royalties on certain federal land added to an existing operations permit. Prescribes a hardrock mining claim maintenance fee for each unpatented mining claim, mill, or tunnel site on federally owned lands. Designates certain wilderness study areas, areas of critical environmental concern, and related areas as not open to location of mining claims. Permits a state or local government or Indian tribe to petition the Secretary of the Interior for withdrawal of specific federal land from operation of the general mining laws in order to protect specific values. Instructs the Secretary to ensure that mineral activities on federal land subject to a claim are carefully controlled to prevent undue degradation of public lands and resources. Prescribes requirements for the exploration permit process and for operations permits, including financial assurances. Requires restoration of lands to a condition capable of supporting prior uses or other beneficial uses. Establishes the Locatable Minerals Fund composed of: (1) penalties, fees, and royalties; (2) the Hardrock Reclamation Account, and (3) the Hardrock Community Impact Assistance Account. Amends the National Materials and Minerals Policy, Research and Development Act of 1980 to direct the Secretary of Agriculture to initiate prompt actions to improve the availability and analysis of mineral data in public land use decision-making with respect to National Forest System lands. Amends the Energy Policy Act of 1992 to subject certain oil shale claims to the reclamation requirements of this Act. Repeals the Building Stone Act and the Saline Placer Act.
United States · United States Congress · 26 January 2009
Stop Trading on Congressional Knowledge Act - Amends the Securities Exchange Act of 1934 and the Commodities Exchange Act to direct both the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC) to prohibit purchase or sale of either securities or commodities for future delivery by a person in possession of material nonpublic information regarding pending or prospective legislative action if the information was obtained: (1) knowingly from a Member or employee of Congress; (2) by reason of being a Member or employee of Congress; and (3) other federal employees. Amends the Code of Official Conduct of the Rules of the House of Representatives to prohibit designated House personnel from disclosing material nonpublic information relating to any pending or prospective legislative action relating to either securities of a publicly-traded company or a commodity if such personnel has reason to believe that the information will be used to buy or sell the securities or commodity based on such information. Amends the Ethics in Government Act of 1978 to require formal disclosure of certain securities and commodities futures transactions to either the Clerk of the House of Representatives or the Secretary of the Senate. Amends the Lobbying Disclosure Act of 1995 to subject to its registration, reporting, and disclosure requirements, as well as requirements for identification of clients and covered legislative and executive officials, all political intelligence activities, contacts, firms, and consultants. Requires the Comptroller General to include political intelligence activities, contacts, firms, and consultants in its annual compliance audits and reports.
United States · United States Congress · 22 January 2009
Grand Canyon Watersheds Protection Act of 2009 - Withdraws the approximately 1,068,908 acres of the Tusayan Ranger District and federal land managed by the Bureau of Land Management (BLM) in the vicinity of Kanab Creek and in House Rock Valley from: (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, geothermal leasing, and mineral materials laws. Subjects such withdrawal to valid, existing rights.
United States · United States Congress · 22 January 2009
Access to Postal Services Act - Modifies the procedures the U.S. Postal Service must follow in connection with the closing or consolidation of any postal facility, including: (1) requiring an assessment of the need for the closure or consolidation; (2) eliminating a requirement to consider the resulting Postal Service economic savings; (3) requiring a posting in each affected postal facility at least 90 days before the final decision is made; and (4) requiring (under current law, allowing) suspension of the determination pending an appeal to the Postal Regulatory Commission. Exempts emergency suspensions (as defined under Postal Service regulations) or lease termination or cancellation by a party other than the Postal Service. Defines "postal facility," for the provisions amended by this Act, to include an office, branch, station, or other facility operated by the Postal Service.
United States · United States Congress · 22 January 2009
National Silver Alert Act 2009 - Directs the Attorney General to: (1) establish a national Silver Alert communications network within the Department of Justice (DOJ) to assist regional and local search efforts for missing seniors; (2) assign a DOJ officer to serve as the Silver Alert Coordinator to coordinate the network with states; and (3) award grants to states for support of Silver Alert plans and the network. Defines "missing senior" as any individual who is reported as missing to or by a law enforcement agency and who meets state requirements for designation as a missing senior. Directs the Coordinator to: (1) establish minimum standards for the issuance and dissemination of alerts issued through the network; and (2) make available to states, local governments, law enforcement agencies, and other concerned entities network training and information. Kristen's Act Reauthorization of 2009 - Directs the Attorney General to make competitive grants to public agencies and/or nonprofit private organizations to: (1) maintain a national resource center and database for tracking missing adults; and (2) provide assistance and to law enforcement agencies, families, and victim advocates in locating and recovering missing adults.
United States · United States Congress · 21 January 2009
Military Retiree Survivor Comfort Act - Requires the United States to forgive any overpayment of military retired or retainer pay for any period after the death of the recipient through the last day of the month in which such death occurs, if such payment is electronically deposited to a joint account bearing the name of the decedent and the decedent's designated beneficiary. Provides a special effective date for the first annuity payment to a survivor under the Survivor Benefit Plan (SBP) when an overpayment is so forgiven.
![Official portrait of Rep. Hodes, Paul W. [D-NH-2]](https://www.congress.gov/img/member/h001043_200.jpg)