United States · United States Congress · 14 January 2009
Radioactive Import Deterrence Act - Amends the Atomic Energy Act of 1954 to prohibit the Nuclear Regulatory Commission (NRC) from issuing a license authorizing the importation into the United States of: (1) low-level radioactive waste; or (2) specific radioactive waste streams exempted from regulation by the NRC. Exempts from such prohibition low-level radioactive waste: (1) being returned to a federal or military facility which is authorized to possess the material; or (2) resulting from the use in a foreign country of nuclear material obtained by the foreign user from an entity in the United States that is being returned to the United States for management and disposal. Authorizes the President to waive such prohibition and authorize the grant of a specific license to import materials only after finding that such importation would meet an important national or international policy goal, such as the use of waste for research purposes. Grandfathers certain licenses issued before the date of enactment of this Act, but prohibits their extension or amendment with respect to the amount of material permitted to be imported.
United States · United States Congress · 14 January 2009
Prevention of Equine Cruelty Act of 2009 - Amends the federal criminal code to impose a fine and/or prison term of up to three years for possessing, shipping, transporting, purchasing, selling, delivering, or receiving any horse, horse flesh, or carcass with the intent that it be used for human consumption. Reduces the prison term to one year if the offense involves less than five horses or less than 2,000 pounds of horse flesh or carcass and the offender has no prior conviction for this offense.
United States · United States Congress · 14 January 2009
Designates the facility of the United States Postal Service located at 2105 East Cook Street in Springfield, Illinois, as the "Colonel John H. Wilson, Jr. Post Office Building."
United States · United States Congress · 14 January 2009
Trade Enforcement Act of 2009 - Amends the Trade Act of 1974 to revise certain trade provisions to require the United States Trade Representative (USTR) to: (1) review U.S. trade expansion priorities; and (2) report to Congress on priority foreign country practices which if eliminated will have the most potential to increase U.S. exports. Requires the USTR to seek consultation and satisfactory resolution of any identified priority foreign country trade practice (including an agreement for elimination or provision of compensatory trade benefits) with the country of concern. Establishes the Office of the Congressional Trade Enforcer. Requires the USTR to: (1) identify priority foreign countries that maintain technical barriers to trade, or sanitary or phytosanitary measures, that deny market access to U.S. products; and (2) initiate an investigation of such trade barriers to determine what trade action, if any, must be taken to remedy such barriers. Amends the Tariff Act of 1930 to apply countervailing duty provisions to nonmarket economy countries. Expresses the sense of Congress that: (1) the United States should restore the balance between rights and obligations struck during the Uruguay Round of Multilateral Trade Negotiations; (2) the United States should have the ability to enforce rigorously its trade laws (including antidumping, countervailing duty, and safeguard laws) in World Trade Organization (WTO) negotiations and dispute settlement proceedings; and (2) dispute settlement panels are obligated to follow WTO negotiated agreements and not Appellate Body jurisprudence. Revises requirements for presidential action on a finding by the International Trade Commission (ITC) regarding an imported Chinese product that threatens or causes market disruption to a like U.S. product. Directs the Secretary of the Treasury to establish: (1) a government-wide, uniform data system to identify all goods imported into the United States; and (2) a voluntary government-private Import Safety Program to ensure that all goods in the international supply chain do not pose risks to public health or safety, and to facilitate the movement of such goods through the chain. Requires the Secretary to establish: (1) a list of importers of record and foreign manufacturers, processing facilities, exporters, and suppliers whose imported products have been determined to be inadmissible into the United States or have been the subject of U.S. recalls because of violations of health or safety standards; and (2) sanctions for entities on the list. Establishes the position of Director of Intellectual Property Rights Enforcement to develop an annual strategic plan for the enforcement of intellectual property rights. Sets forth: (1) enforcement activities to combat the counterfeiting and piracy of products; and (2) civil fines for the import of pirated or counterfeit products.
United States · United States Congress · 13 January 2009
Supporting America's Manufacturers Act - Amends the Trade Act of 1974 to require a recommendation from the International Trade Commission (ITC) before the President can impose increased duties or other import restrictions on an imported Chinese product that causes or threatens market disruption to a like U.S. product. Revises the authority of the President and the U.S. Trade Representative (USTR) to consider an equally divided ITC vote regarding a determination on the question of whether an imported Chinese product causes or threatens market disruption in the United States. Repeals the authority of the President and the USTR to consider the determination of either group of equally divided Commissioners to be the ITC's determination. Requires such a deadlocked vote to be considered an affirmative ITC determination. Provides that if the Commissioners voting are equally divided with respect to its determination, then the determination agreed upon by either group of Commissioners may be considered by the President and the Trade Representative as the determination of the Commission. Requires the USTR to make available promptly to the public reports recommending the President to take action, if any, to remedy market disruption. Revises requirements involving ITC determinations of critical circumstances and requests for provisional relief with respect to a Chinese product that causes or threatens market disruption to a like U.S. Product Requires the President to provide import relief from Chinese products that cause or threaten market disruption to a like U.S. product within a specified time if an agreement is not reached with the People's Republic of China (PRC) or if the President determines that an agreement reached with the PRC is not remedying the market disruption. Authorizes the President to provide import relief (including provisional relief in critical circumstances) that differs from that recommended by the ITC, or to deny such import relief only: (1) in extraordinary cases; and (2) if the President determines that providing such relief would cause serious harm to U.S. economic interests or to U.S. national security. Requires the President's decision on import relief to be reported to specified congressional committees. Requires import relief recommended by the ITC to take effect upon enactment of a congressional joint resolution in the event that the President: (1) takes action that differs from that recommended by the ITC; or (2) declines to provide import relief (including that recommended by the ITC) because it would cause serious harm to U.S. economic interests or to U.S. national security.
United States · United States Congress · 9 January 2009
Public Safety Employer-Employee Cooperation Act of 2009 - Provides collective bargaining rights for public safety officers employed by states or local governments. Directs the Federal Labor Relations Authority to determine whether state law provides specified rights and responsibilities for public safety officers, including: (1) granting public safety employees the right to form and join a labor organization which excludes management and supervisory employees, and which is, or seeks to be, recognized as the exclusive bargaining agent for such employees; and (2) requiring public safety employers to recognize and agree to bargain with the employees' labor organization. Requires the Authority to issue regulations establishing rights and responsibilities for public safety employers and employees in states that do not substantially provide for such public safety employee rights and responsibilities. Directs the Authority, in such cases, to: (1) determine the appropriateness of units for labor organization representation; (2) supervise or conduct elections to determine whether a labor organization has been selected as an exclusive representative by a voting majority of the employees in an appropriate unit; (3) resolve issues relating to the duty to bargain in good faith; (4) conduct hearings and resolve complaints of unfair labor practices; and (5) resolve exceptions to arbitrator's awards. Grants a public safety employer, employee, or labor organization the right to seek enforcement of Authority regulations and orders, as well as prohibitions against lockouts or strikes, through appropriate state courts. Prohibits public safety employers, employees, and labor organizations from engaging in lockouts or strikes. Provides that existing collective bargaining units and agreements shall not be invalidated by this Act.
United States · United States Congress · 9 January 2009
Amends the Internal Revenue Code to extend through 2010 the tax credit for increasing research activities and increase and make permanent the alternative simplified research tax credit.
United States · United States Congress · 9 January 2009
Expresses support for the goals of Catholic Schools Week (January 25-31, 2009), an event cosponsored by the National Catholic Educational Association and the United States Conference of Catholic Bishops and established to recognize the vital contributions of America's thousands of Catholic elementary and secondary schools.
United States · United States Congress · 8 January 2009
Horse Transportation Safety Act of 2009 - Prohibits a person from transporting a horse in interstate commerce in a motor vehicle containing two or more levels stacked on top of one another. Sets forth civil penalties for persons who knowingly violate such prohibition.
United States · United States Congress · 8 January 2009
Calls for an increase in federal funding for diabetes research to meet the goals of the National Institutes of Health (NIH) so that a cure for type 1 diabetes can be found.
United States · United States Congress · 8 January 2009
Expresses commitment to the welfare and survival of Israel as a Jewish and democratic state with secure borders and recognizes its right to act in self-defense. Reiterates that Hamas must end the rocket and mortar attacks against Israel, recognize Israel's right to exist, renounce violence, agree to accept previous agreements between Israel and the Palestinians, and dismantle its terrorist infrastructure. Encourages the Administration to work to support a sustainable cease-fire in Gaza that prevents Hamas from retaining or rebuilding its terrorist infrastructure. States that the lives of innocent civilians must be protected to the maximum extent possible. Calls on all nations to: (1) condemn Hamas for embedding its fighters, leaders, and weapons in private homes, schools, mosques, hospitals, and otherwise using Palestinian civilians as human shields while simultaneously targeting Israeli civilians; and (2) lay blame for the breaking of the calm and for subsequent civilian casualties on Hamas. Supports efforts to diminish the influence of extremists in the Palestinian territories. Calls: (1) on Egypt to intensify its efforts to halt smuggling between Gaza and Egypt; and (2) for the release of the kidnaped Israeli soldier Gilad Shalit. Reiterates support for a two-state resolution of the Israeli-Palestinian conflict through negotiations between Israel and the Palestinian Authority.
United States · United States Congress · 7 January 2009
Repeals the requirement that federal, state, and local governmental entities withhold 3% of payments due to vendors providing goods and services to such entities.
United States · United States Congress · 7 January 2009
Social Security Fairness Act of 2009 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to repeal: (1) government pension offset requirements applicable to husband's and wife's insurance benefits, widow's and widower's insurance benefits, and mother's and father's insurance benefits with respect to OASDI payments; and (2) windfall elimination requirements with respect to computation of an individual's primary insurance amount.
United States · United States Congress · 6 January 2009
Redesignates: (1) the Department of the Navy as the Department of the Navy and Marine Corps; and (2) the Secretary of the Navy as the Secretary of the Navy and Marine Corps. Makes similar redesignations with respect to the Department Under Secretary, the Department Assistant Secretaries, and the General Counsel.
United States · United States Congress · 6 January 2009
Lilly Ledbetter Fair Pay Act of 2009 - Amends the Civil Rights Act of 1964 to declare that an unlawful employment practice occurs when: (1) a discriminatory compensation decision or other practice is adopted; (2) an individual becomes subject to the decision or practice; or (3) an individual is affected by application of the decision or practice, including each time wages, benefits, or other compensation is paid. Allows liability to accrue, and allows an aggrieved person to obtain relief, including recovery of back pay, for up to two years preceding the filing of the charge, where the unlawful employment practices that have occurred during the charge filing period are similar or related to practices that occurred outside the time for filing a charge. Applies the preceding provisions to claims of compensation discrimination under the Americans with Disabilities Act of 1990 and the Rehabilitation Act of 1973. Amends the Age Discrimination in Employment Act of 1967 to declare that an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or other practice, or when a person is affected by the decision or practice, including each time wages, benefits, or other compensation is paid.
United States · United States Congress · 6 January 2009
Amends the Internal Revenue Code to establish in the Treasury the Homeless Veterans Assistance Fund and to allow individual taxpayers to designate on their tax returns $3.00 of income taxes ($6.00 in the case of joint returns) to be paid over to such Fund to provide assistance to homeless veterans.
United States · United States Congress · 6 January 2009
Medicare Access to Rehabilitation Services Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to repeal the Medicare outpatient rehabilitation therapy caps.
United States · United States Congress · 6 January 2009
Community Choice in Real Estate Act - Amends the Bank Holding Company Act of 1956 and the Revised Statutes of the United States to prohibit the Board of Governors of the Federal Reserve System and the Secretary of the Treasury, respectively, from determining that real estate brokerage activity or real estate management activity is financial in nature, is incidental to any financial activity, or is complementary to a financial activity. (In effect, prohibits financial holding companies and national banks from engaging, directly or indirectly, in real estate brokerage or real estate management activities.) Exempts from such prohibition: (1) activities of a bank holding company (or any affiliate) that directly relate to managing any real property owned by national banks or their affiliates; and (2) the right, power, or ability of any financial holding company to engage in any activity, or acquire or retain the shares of any company engaged in an activity authorized for financial holding companies on December 6, 2001 ("grandfather clause").
United States · United States Congress · 6 January 2009
Great Lakes Water Protection Act - Amends the Federal Water Pollution Control Act (popularly known as the Clean Water Act) to prohibit publicly owned treatment works (POTWs) from intentionally diverting waste streams to bypass any portion of the treatment facility if the diversion results in a discharge into the Great Lakes unless: (1) the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; (2) there is no feasible alternative; and (3) the treatment works provides notice; or (4) the bypass does not cause effluent limitations to be exceeded and is for essential maintenance to ensure efficient operation of the treatment facility. Requires: (1) such notice to be provided to the Administrator of the Environmental Protection Agency (EPA) (or to a state with an approved permit program) prior to an anticipated bypass or within 24 hours of becoming aware of an unanticipated bypass; and (2) follow-up notice regarding the cause and duration of, volume of discharge resulting from, and public access areas affected by an unanticipated bypass. Includes among prohibited bypasses those resulting in discharges from a POTW that consist of effluent routed around treatment units and blended with effluent from treatment units prior to discharge. Directs the Administrator to establish procedures to ensure that permits issued to POTWs under the National Pollutant Discharge Elimination System include requirements to implement this Act. Provides an increased maximum civil penalty for violations occurring on or after January 1, 2029. Applies the prohibition on diverting waste streams to a bypass occurring after the last day of the one-year period beginning on the date of this Act's enactment. Establishes the Great Lakes Cleanup Fund from which amounts shall be provided for improving wastewater discharges.
United States · United States Congress · 6 January 2009
Creating Opportunities to Motivate Mass-transit Utilization to Encourage Ridership Act of 2009 or the Commuter Act of 2009 - Amends the Internal Revenue Code to allow employers a refundable tax credit for 50% of the cost of transit passes provided on a tax-free basis to employees.
United States · United States Congress · 6 January 2009
Requires government contributions for health benefits for an individual who first becomes an annuitant by reason of retirement from employment with the United States Postal Service on or after July 1, 1971, or for a survivor of such an individual or of an individual who died on or after that date while employed by the Postal Service, to be paid first from the Postal Service Retiree Health Benefits Fund up to the amount contained in the Fund, with any remaining amount paid by the Postal Service (current law requires such contributions to be paid by the Postal Service through September 30, 2016).
United States · United States Congress · 6 January 2009
Paycheck Fairness Act - Amends the portion of the Fair Labor Standards Act of 1938 (FLSA) known as the Equal Pay Act to revise remedies for, enforcement of, and exceptions to prohibitions against sex discrimination in the payment of wages. Revises the exception to the prohibition for a wage rate differential based on any other factor other than sex. Limits such factors to bona fide factors, such as education, training, or experience. States that the bona fide factor defense shall apply only if the employer demonstrates that such factor: (1) is not based upon or derived from a sex-based differential in compensation; (2) is job-related with respect to the position in question; and (3) is consistent with business necessity. Avers that such defense shall not apply where the employee demonstrates that: (1) an alternative employment practice exists that would serve the same business purpose without producing such differential; and (2) the employer has refused to adopt such alternative practice. Revises the prohibition against employer retaliation for employee complaints. Prohibits retaliation for inquiring about, discussing, or disclosing the wages of the employee or another employee in response to a complaint or charge, or in furtherance of a sex discrimination investigation, proceeding, hearing, or action, or an investigation conducted by the employer. Makes employers who violate sex discrimination prohibitions liable in a civil action for either compensatory or (except for the federal government) punitive damages. States that any action brought to enforce the prohibition against sex discrimination may be maintained as a class action in which individuals may be joined as party plaintiffs without their written consent. Authorizes the Secretary of Labor (Secretary) to seek additional compensatory or punitive damages in a sex discrimination action. Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination. Authorizes the Secretary to make grants to eligible entities for negotiation skills training programs for girls and women. Directs the Secretary and the Secretary of Education to issue regulations or policy guidance to integrate such training into certain programs under their Departments. Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public regarding the means available to eliminate pay disparities between men and women. Establishes the Secretary of Labor's National Award for Pay Equity in the Workplace for an employer has made substantial effort to eliminate pay disparities between men and women. Amends the Civil Rights Act of 1964 to require the EEOC to collect from employers pay information data regarding the sex, race, and national origin of employees for use in the enforcement of federal laws prohibiting pay discrimination. Directs: (1) the Commissioner of Labor Statistics to continue to collect data on woman workers in the Current Employment Statistics survey; (2) the Office of Federal Contract Compliance Programs to use specified types of methods in investigating compensation discrimination and in enforcing pay equity; and (3) the Secretary to make accurate information on compensation discrimination readily available to the public. Directs the Secretary and the Commissioner of the EEOC jointly to develop technical assistance material to assist small businesses to comply with the requirements of this Act.
United States · United States Congress · 23 September 2008
Susan B. Anthony Prenatal Nondiscrimination Act of 2008 - Imposes criminal penalties for knowingly: (1) performing an abortion knowing that the abortion is sought based on the sex, gender, color or race of the child, or the race of a parent; (2) using force or the threat of force to intentionally injure or intimidate any person for the purpose of coercing a sex-selection or race-selection abortion; or (3) soliciting or accepting funds to finance a sex-selection abortion or a race-selection abortion. Provides for injunctive relief and the loss of federal funding. Provides for a private right of action for appropriate relief: (1) for the father if he is married to the mother at the time she has such an abortion; or (2) for the maternal grandparents of the unborn child if the mother is under 18 at the time of the abortion. Declares that appropriate relief includes money damages for all injuries, whether psychological, physical, or financial, including loss of companionship and support. Requires a medical or mental health professional to report known or suspected violations to law enforcement authorities. Imposes criminal penalties for a failure to so report. Prohibits a woman having such an abortion from being prosecuted or held civilly liable. Excludes from the definition of "abortion" actions taken to terminate a pregnancy if the intent is to save the life or preserve the health of the unborn child, remove a dead unborn child caused by spontaneous abortion, or remove an ectopic pregnancy.
United States · United States Congress · 18 September 2008
Puppy Uniform Protection and Safety Act - Amends the Animal Welfare Act to define "retail pet store" as a person that: (1) sells an animal directly to the public for use as a pet; and (2) does not breed or raise more than 50 dogs for use as pets during any one-year period. Exempts from requirements to obtain a license as an animal dealer or exhibitor under such Act any retail pet store or other person who: (1) does not breed or raise more than 50 dogs for use as pets during any one-year period; and (2) derives less than a substantial portion of their income from the breeding and raising of dogs or cats on their own premises and sells such dogs or cats to a dealer or research facility. Requires: (1) a dealer to provide each dog it holds that is 12 weeks or older with a minimum of two exercise periods during each day for a total of no less than one hour of exercise; (2) such exercise to include removing the dog from the dog's primary enclosure and allowing the dog to walk for the entire exercise period; and (3) such exercise to not include use of a treadmill, catmill, jenny mill, slat mill, or similar device, unless prescribed by a doctor of veterinary medicine.
United States · United States Congress · 18 September 2008
Expresses the sense of Congress that the failure of the Russian government to respect the sovereignty and territorial borders of its neighbors has rendered the country an unacceptable host for the 2014 Winter Olympic Games. Urges the International Olympic Committee to designate a new host city.
United States · United States Congress · 30 July 2008
Designates the facility of the United States Postal Service located at 300 Vine Street in New Lenox, Illinois, as the "Jacob M. Lowell Post Office Building."
United States · United States Congress · 30 July 2008
Nanotechnology Innovation and Prize Competition Act of 2008 - Directs the Secretary of Commerce to establish a program to award prizes to eligible persons for achievement in one or more applications of nanotechnology for: (1) improvement of the environment, consistent with Twelve Principles of Green Chemistry of the Environmental Protection Agency (EPA); (2) development of alternative energy that has the potential to lessen the dependence of the United States on fossil fuels; (3) improvement of human health, consistent with regulations promulgated by the Food and Drug Administration (FDA); (4) development of consumer products; and (5) advancement in the field of nanoelectronics. Describes an eligible person as an individual who is: (1) a citizen or legal resident of the United States; (2) a member of a group that includes U.S. citizens or legal residents; or (3) an entity that is incorporated and maintains its primary place of business in the United States. Requires establishment of a board to administer and make awards under such program by: (1) holding a financial award competition and making an award to the first competitor to meet such criteria as the board shall establish; and (2) recognizing (without financial remuneration) an eligible person for superlative achievement in one or more of the nanotechnology applications described above. Authorizes the board to contract with a private organization to administer such a financial award competition. Prohibits the federal government from acquiring an intellectual property right in any product or idea by virtue of the submission of such product or idea in any such competition. Requires the board to submit annual reports to Congress on the nanotechnology award program established by this Act.
United States · United States Congress · 29 July 2008
Directs the Secretary of Transportation to terminate, by September 6, 2008, the one-year cross-border pilot project started on September 6, 2007, as part of the Federal Motor Carrier Safety Administration's implementation of the North American Free Trade Agreement (NAFTA) cross-border trucking provisions, to demonstrate the ability of Mexico-domiciled motor carriers to operate safely in the United States beyond the commercial zones along the U.S.-Mexico border. Prohibits the Secretary, unless expressly authorized by Congress, from granting authority to a motor carrier domiciled in Mexico to operate beyond U.S. municipalities and commercial zones on the United States-Mexico border after September 6, 2008. Requires certain reports to Congress, within 60 days after enactment of this Act, by: (1) the Inspector General of the Department of Transportation; (2) the independent review panel established to monitor the demonstration project; and (3) the Secretary of Transportation on the project's implementation and the participation of motor carriers.
United States · United States Congress · 24 July 2008
Prevention of Equine Cruelty Act of 2008 - Amends the federal criminal code to impose a fine and/or prison term of up to three years for possessing, shipping, transporting, purchasing, selling, delivering, or receiving any horse, horse flesh, or carcass with the intent that it be used for human consumption. Reduces the prison term to one year if the offense involves less than five horses or less than 2,000 pounds of horse flesh or carcass and the offender has no prior conviction for this offense.
United States · United States Congress · 23 July 2008
Grants congressional consent to and approval of the Great Lakes-St. Lawrence River Basin Water Resources Compact entered into between the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, and Wisconsin, and the Commonwealth of Pennsylvania. Reserves the right to alter, amend, or repeal this Act.
United States · United States Congress · 22 July 2008
Open Fuel Standard Act of 2008 or the OFS Act - Amends federal transportation law to require each light-duty automobile manufacturer's annual inventory to comprise at least: (1) 50% fuel choice-enabling automobiles in years 2012-2014; and (2) 80% fuel choice-enabling automobiles in 2015, and in each subsequent year. Defines "fuel choice-enabling automobile" as: (1) a flexible fuel automobile capable of operating on gasoline, E85, and M85; or (2) an automobile capable of operating on biodiesel fuel. Authorizes a manufacturer to request an exemption from such requirement from the Secretary of Transportation. Requires: (1) each manufacturer that receives an exemption to place a label on each exempted automobile; and (2) each exempted light-duty automobile delivered to a dealer and first purchaser to be accompanied with a written notification of such exemption.
United States · United States Congress · 22 July 2008
New Alternative Transportation to Give Americans Solutions Act - Expresses the sense of Congress that 10% of new vehicles sold in the United States should be natural gas vehicles by December 31, 2018. Amends the Internal Revenue Code to: (1) increase the rate of the alternative fuel vehicle refueling property tax credit with respect to natural gas fuel; (2) allow new tax credits for investment in energy security bonds and natural gas vehicle production bonds; (3) allow a new tax credit for producing vehicles fueled by natural gas or liquified natural gas; (4) allow an increased alternative motor vehicle tax credit for the purchase of vehicles fueled by natural gas or liquified natural gas; and (5) extend through 2017 the tax credits for alternative fuel vehicle refueling property expenditures and for new qualified alternative fuel vehicles. Requires the General Services Administration (GSA) to study whether the federal fleet should increase the number of its natural gas vehicles. Requires each retail automotive fueling station owned by a major integrated oil company to have at least one pump dispensing natural gas for automotive purposes by January 1, 2018. Imposes a civil fine on oil companies that fail to comply with such requirement.
United States · United States Congress · 9 July 2008
Healthy Americans Act - Requires each adult to have the opportunity to purchase a Healthy Americans Private Insurance Plan (HAPI plan), which includes employer-sponsored health coverage. Makes individuals who are not enrolled in another specified health plan and who are not opposed to coverage for religious reasons responsible for enrolling themselves and their dependent children in a HAPI plan. Sets forth penalties for failure to enroll. Establishes standardized coverage and state options for HAPI plans. Requires the Secretary of Health and Human Services to promulgate guidelines concerning the benefits, items, and services to be covered. Sets forth requirements for setting premiums. Requires the Secretary to establish the Healthy America Advisory Committee to provide annual recommendations concerning modifications to the benefits, items, and services required. Provides for premium subsidies based on income. Authorizes states to establish a State Choices for Long-Term Care Program to provide long-term care coverage to individuals. Requires the Secretary to establish Chronic Care Education Centers. Requires states to establish or designate a state Health Help Agency to carry out the administration of HAPI plans and to promote prevention and wellness for residents. Amends the Internal Revenue Code to require employers and individuals to each make shared responsibility payments for HAPI plan premiums. Sets forth requirements for health insurance issuers offering a HAPI plan. Establishes the Healthy Americans Public Health Trust Fund for the payment of premium subsidies. Terminates federal health benefits coverage, including coverage provided under the Federal Employees Health Benefits (FEHB) program, state Medicaid coverage, and the State Children's Health Insurance program (SCHIP). Enhanced Health Care Value for All Act of 2007 ( sic )- Provides for a Comparative Effectiveness Advisory Board and a Health Care Comparative Effectiveness Research Trust Fund.
United States · United States Congress · 26 June 2008
Medical Device Safety Act of 2008 - Amends the Federal Food, Drug, and Cosmetic Act to provide that provisions preempting state and local requirements for medical devices intended for human use shall not be construed to modify or otherwise affect any action for damages or the liability of any person under state law. Makes this Act effective as if it were included in the Medical Device Amendments of 1976 and applicable to any civil action pending or filed on or after the date of enactment of this Act.
United States · United States Congress · 24 June 2008
Air Service Improvement Act of 2008 - Requires the Secretary of Transportation to collect, and publish on the Department of Transportation (DOT) website, data regarding cancelled and diverted flights of air carriers. Requires certain air carriers and hub airport operators to submit for the Secretary's approval emergency contingency plans for flight delays. Requires the Secretary to establish a consumer complaints hotline telephone number. Prohibits flight ticket sales on aircraft on which a insecticide has been applied within the last 60 days or on which an insecticide is planned to be used in the aircraft while passengers are on board, unless passengers are informed before buying a ticket. Requires the Inspector General of DOT to review air carrier flight delays, cancellations, and associated causes to update its 2000 report on such matters. Directs the Comptroller General to study and report to Congress on European Union rules for passenger rights. Establishes an advisory committee for aviation consumer protection. Sets forth requirements regarding: (1) denied boarding compensation; and (2) expansion of DOT airline consumer complaint investigations. Prescribes requirements for mediation of disputes between the Federal Aviation Administration (FAA) and its employees in attempting to reach an agreement concerning the implementation of proposed changes to the FAA personnel management system.
United States · United States Congress · 20 June 2008
Prevent Unfair Manipulation of Prices Act of 2008 - Amends the Commodity Exchange Act (CEA) to extend the regulatory authority of the Commodity Futures Trading Commission (CFTC) to certain transactions in derivatives involving specified energy commodities ("included energy transactions"), including those on foreign boards of trade. Defines "included energy transaction" as a contract, agreement, or transaction in an energy commodity for future delivery that: (1) provides for a delivery point in the United States; or (2) is transacted on a computer terminal located in the United States. Prohibits the CFTC from exempting from regulation any "included energy transaction" unless certain notice to Congress and public comment requirements are met. Declares null and void any CFTC "no-action letter" exemptions from CEA requirements for "included energy transactions." Requires the CFTC to establish uniform limits on the aggregate number of positions with respect to "included energy transactions" which may be held by any person for the prompt month, for each month, and for all months in all markets subject to CFTC jurisdiction. Excludes swaps involving "included energy transactions" from any CEA exemption for bona fide hedging transactions. Defines "bilateral included energy transaction" as an included energy transaction executed or traded other than on or through a trading facility. Exempts such transactions from the requirement that transactions be made on or through a designated contract market. Applies to "bilateral included energy transactions" certain reporting and recordkeeping requirements. Instructs the CFTC to publish monthly on its website: (1) the aggregate number and value of long and short positions held by a person in any portfolio constructed to match or track the components of an index of all commodities; and (2) the portion of the positions that are net long positions in "included energy transactions." Amends the Natural Gas Act and the Federal Power Act to set forth enforcement powers of the Federal Energy Regulatory Commission (FERC), including cease-and-desist proceedings, temporary orders, and general implementation authority.
United States · United States Congress · 19 June 2008
Climate Market, Auction, Trust & Trade Emissions Reduction System Act of 2008, or the Climate MATTERS Act of 2008 - Declares the purpose of this Act to establish a federal program to reduce US greenhouse gas (GHG) emissions substantially enough by 2050 to avert the catastrophic impacts of global climate change. Directs the Secretary of the Treasury to establish an international reserve GHG emission allowance program, whose allowance sales proceeds shall be used to mitigate the negative impacts of global climate change on disadvantaged communities in World Trade Organization (WTO) participant countries. Establishes the International Climate Change Commission to determine annually whether a WTO participant country has taken certain action to limit its GHG emissions. Amends the Internal Revenue Code to: (1) establish a system for issuing, auctioning, recording, and tracking GHG emission allowances; and (2) impose an excess emissions penalty on owners or operators of covered facilities that fail to submit one or more emission allowances to the Secretary for any year. Establishes a Carbon Market Efficiency Board to: (1) analyze information on the GHG emission allowance market; and (2) authorize the Secretary to carry out cost relief measures if the market poses a substantial harm to the U.S. economy. Provides for the distribution of emission allowances to owners and operators of fossil fuel-fired electric power generating facilities and of energy intensive manufacturing facilities. Establishes: (1) the Deficit Reduction Trust Fund; and (2) the Citizen Protection Trust Fund (CPTF). Directs the Secretary to administer a Climate Change Rebate Program. Provides for a healthy families fund. Sets forth allocations of specified CPTF account funds for: (1) investment in natural resource adaptation to impacts of climate change and ocean acidification; (2) owners and operators of covered facilities who take actions that result in verified GHG emission reductions; (3) states that comply with certain federal building energy standards; (4) states with GHG emission reduction programs exceeding federal GHG emission reduction targets; (5) reductions in GHG emissions from the agriculture and forestry sectors, including those from deforestation activities in foreign countries; and (6) states and load-serving entities that implement energy-efficiency programs. Requires distribution of certain funds for grants for fixed guideway transit and other specified alternative transportation projects. Requires the Administrator of the Environmental Protection Agency (EPA) to: (1) develop a federal greenhouse gas registry; (2) make certain GHG emission determinations for covered facilities; and (3) promulgate regulations that require that U.S. GHG emissions in uncovered sectors do not grow.
United States · United States Congress · 12 June 2008
Responsible Ownership of Public Land Act - Directs the Secretary of the Interior to establish an annual production incentive fee for federal onshore and offshore lands subject to a lease for production of oil or natural gas under which production is not occurring. Prescribes the fee amount for each acre of land from which oil or natural gas is produced for less than 90 days in a calendar year. Establishes the Energy Efficiency and Renewable Energy Fund to serve as depository for fees received under this Act. Enumerates energy programs to be funded with such fees, including: (1) low-income home energy assistance; (2) advanced vehicles research, development, and demonstration; (3) new technologies to improve the energy efficiency of and reduce greenhouse gas emissions from buildings; (4) energy storage systems to support electric drive vehicles, stationary applications, and electricity transmission and distribution; (5) next-generation wind turbines; (6) weatherization assistance low income housing; and (7) wind and solar energy research and development.
United States · United States Congress · 12 June 2008
Amends the Commodity Exchange Act to make it unlawful for a person to enter into or execute an otherwise excluded swap transaction or exempt transaction involving crude oil, heating oil, gasoline, or diesel fuel (specified energy commodity), unless the person has been certified by the Commodities Future Trading Commission (CFTC) as having the capacity of accepting physical delivery of the commodity. Makes it unlawful, as well, for any person to hold a contract or agreement of sale of a specified energy commodity for future delivery, which is otherwise an excluded swap transaction or an exempt transaction, unless the CFTC has certified that the person has the capacity to produce or manufacture the commodity.
United States · United States Congress · 10 June 2008
Ban Poisonous Additives Act of 2008 - Amends the Federal Food, Drug, and Cosmetic Act to deem to be adulterated a food in a container that is composed, in whole or in part, of bisphenol A or that can release bisphenol A into food.
United States · United States Congress · 9 June 2008
Small Business Health Options Program Act of 2008 or the SHOP Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services to designate an office within the Department of Health and Human Services (HHS) to administer a health insurance program for small businesses and self-employed individuals to purchase health insurance coverage meeting certain requirements. Establishes a Small Business Health Board to monitor the implementation of the program and make recommendations for improvements. Requires the Administrator of the program to: (1) enter into contracts with health insurance issuers to provide health insurance coverage under this Act; and (2) enter into agreements with entities to serve as navigators to provide information about the program and assist in enrollment. Requires a participating employer to ensure that each eligible employee has an opportunity to enroll in a plan. Sets forth requirements for health plans offered under this Act. Requires the Administrator to contract with the National Association of Insurance Commissioners to study the rating requirements, administrative procedures, and standards of external and internal review that apply to such plans and to health insurance purchased in the small group markets in the states and to develop recommendations concerning rating requirements. Sets forth premium-setting rules for plans under this Act. Allows a state to prohibit participation in this program if the state offers alternative health benefit plans. Amends the Internal Revenue Code to allow a tax credit for small employers for qualified employee health insurance expenses under this Act.
United States · United States Congress · 4 June 2008
Trade Reform, Accountability, Development, and Employment Act of 2008, or the TRADE Act of 2008 - Directs the Comptroller General of the United States to: (1) review biennially certain free trade agreements (including Uruguay Round Agreements) between the United States and foreign countries; and (2) report to the Congressional Trade Agreement Review Committee regarding such agreements, including analyses of specified subjects and of each agreement, as well as whether the country has a democratic form of government that respects certain core labor rights and fundamental human rights, protects intellectual property rights, and enforces environmental laws. Declares that implementing bills of new trade agreements shall not be subject to expedited consideration or special procedures limiting amendment,unless such agreements include certain standards with respect to: (1) labor; (2) environment and public safety; (3) food and product health and safety; (4) provision of services; (5) investment; (6) procurement; (7) intellectual property; (8) agriculture; (9) trade remedies and safeguards; (10) rules of origin; (11) dispute resolution and enforcement; (12) technical assistance; (13) national security; and (14) taxation. Requires the President to submit to Congress a plan for the renegotiation of existing trade agreements to bring them into compliance with such standards. Establishes a Congressional Trade Agreement Review Committee. Expresses the sense of Congress that: (1) certain requirements urging the attainment of certain trade goals shall apply to all existing and new trade agreements; and (2) a certain process for U.S. trade negotiations should be followed when Congress considers legislation providing special procedures for implementing bills of trade agreements.
United States · United States Congress · 3 June 2008
Declares that it is the sense of Congress that: (1) this nation should dedicate its resources to the development of a broad pool of citizens who are functionally literate in science, mathematics, and technology; (2) a national science education policy in the coming decade should address specified crucial need areas; and (3) this national challenge can be met through strong leadership from the White House Office of Science and Technology Policy, other federal, state, and local governments, and with long-term commitments from the civic, business, and engineering communities.
United States · United States Congress · 22 May 2008
Responsibility in Drug and Device Advertising Act of 2008 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit direct-to-consumer advertising in the first three years after approval of a new drug or device. Authorizes the Secretary of Health and Human Services to: (1) waive such prohibition if such advertising would have an affirmative value to public health; and (2) continue such prohibition in subsequent years if the drug or device has significant adverse health effects. Requires any direct-to-consumer advertisement to include a fair balance of the benefits and risks associated with the drug or device. Deems a drug to be misbranded if a direct-to-consumer television advertisement for such drug does not prominently display a statement encouraging individuals to report negative side effects of prescription drugs to the Food and Drug Administration (FDA). Requires the Secretary to discontinue the study designed to determine if such a statement is appropriate for television advertisements. Deems a device to be misbranded if a direct-to-consumer television advertisement for such device does not include a statement encouraging individuals to report negative side effects of medical devices to the FDA. Sets forth civil monetary penalties for violations relating to the advertising and promotion of a drug or device. Allows the Secretary to order the distribution of materials to notify the public and the medical community of such a violation and to provide corrective information. Requires the Secretary to conduct an education campaign to increase public awareness of risks that, for some patients, may outweigh the benefits of using a particular drug or device. Authorizes additional appropriations to regulate direct-to-consumer drug and device advertisements.
![Official portrait of Rep. Lipinski, Daniel [D-IL-3]](https://www.congress.gov/img/member/l000563_200.jpg)