United States · United States Congress · 26 February 2009
Achieving a Better Life Experience Act of 2009 or the ABLE Act of 2009 - Amends the Internal Revenue Code to establish tax-exempt ABLE accounts for individuals with a disability to pay certain expenses of such individuals, including expenses for education, housing, transportation, employment support, medical care, and certain life necessities. Defines "individual with a disability" as an individual who is eligible to receive certain supplemental security income benefits under the Social Security Act. Allows individual taxpayers a tax deduction, up to $2,000 per year, for contributions to an ABLE account. Requires the Secretary of the Treasury to study and report to Congress on the use of ABLE accounts and the effect of the tax deduction for contributions to such accounts. Requires ABLE accounts to be disregarded in determining eligibility for Medicaid benefits and for purposes of determining eligibility for other means-tested federal programs.
United States · United States Congress · 26 February 2009
Arthritis Prevention, Control, and Cure Act of 2009 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to develop and implement a National Arthritis Action Program that may include: (1) research, investigations, demonstrations, training, and studies relating to the control, prevention, and surveillance of arthritis and other rheumatic diseases; (2) additional grant support to encourage the expansion of research related to the prevention and management of arthritis at the Centers for Disease Control and Prevention (CDC); (3) national education and outreach activities for arthritis and other rheumatic diseases; (4) emphasis on prevention, early diagnosis, and appropriate management of arthritis and opportunities for effective patient self-management; and (5) grants to states or Indian tribes for comprehensive arthritis control and prevention programs and public health surveillance, prevention, and control activities related to arthritis and other rheumatic diseases. Authorizes the Secretary to expand and intensify programs of the National Institutes of Health (NIH) with respect to research and related activities concerning various forms of juvenile arthritis and related conditions. Authorizes the Secretary, acting through the Director of CDC, to: (1) provide for the collection, analysis, and reporting of data on juvenile arthritis; and (2) support the development of a national juvenile arthritis population-based database. Requires the Secretary to support activities that provide for: (1) an increase in institutional training grants to support pediatric rheumatology training; and (2) an expansion of public-private partnerships to promote education training and fellowship opportunities for pediatric rheumatologists. Directs the Secretary to establish and carry out a pediatric rheumatology loan repayment program, as needed.
United States · United States Congress · 26 February 2009
Medal of Honor Commemorative Coin Act of 2009 - Directs the Secretary of the Treasury to mint and issue $5 gold coins and $1 silver coins emblematic of the design selected by the Secretary, after consultation with the Boards of the Congressional Medal of Honor Society and the Congressional Medal of Honor Foundation, in honor of the distinguished service of the American military men and women who have been Medal of Honor recipients. Limits the period for coin issuance to calendar year 2011. Imposes a surcharge of $35 per coin for the $5 coin and $10 per coin for the $1 coin, to be distributed to the Congressional Medal of Honor Foundation to help finance educational, scholarship, and outreach programs of the Foundation.
United States · United States Congress · 26 February 2009
Teaching Geography is Fundamental Act - Amends the Higher Education Act of 1965 to establish a geography education grant program under title II, Teacher Quality Enhancement. Authorizes the Secretary of Education to award a grant to a national nonprofit educational organization or consortium, with 75% to be used for subgrants to institutions of higher education associated with state geographic alliances, nonprofit educational organizations, or state or local educational agencies. Requires various grantee and subgrantee activities designed to expand geographic literacy among kindergarten through grade 12 students by improving their teachers' professional development programs offered through institutions of higher education. Includes among such activities state-based conferences to assess geographic literacy and identify improvement strategies.
United States · United States Congress · 26 February 2009
Compassionate Assistance for Rape Emergencies Act of 2009 - Prohibits any federal funds from being provided to a hospital under title XVIII (Medicare) of the Social Security Act or to a state, with respect to hospital services, under title XIX (Medicaid) of such Act, unless the hospital meets certain conditions related to a woman who is a victim of sexual assault, including that the hospital: (1) provides the woman with accurate and unbiased information about emergency contraception; (2) offers emergency contraception to the woman; (3) provides the woman such contraception at the hospital on her request; and (4) does not deny any such services because of the inability of the woman or her family to pay.
United States · United States Congress · 25 February 2009
Community Pharmacy Fairness Act of 2009 - Entitles independent pharmacies negotiating contract terms with a health plan for the provision of health care items or services to the same treatment under the antitrust laws as the treatment to which bargaining units recognized under the National Labor Relations Act are entitled. Treats such a pharmacy as an employee engaged in concerted activities in connection with such negotiations. Exempts actions taken in good faith reliance on this Act from being subject to criminal sanctions or civil penalties beyond actual damages incurred. Provides that this Act does not exempt from application of antitrust laws any agreement or unlawful conspiracy that: (1) would have the effect of boycotting any independent pharmacy; (2) would exclude, limit the participation or reimbursement of, or otherwise limit the scope of services to be provided by any independent pharmacy or group of independent pharmacies with respect to the performance of services that are within their scope of practice as defined or permitted by relevant law or regulation; (3) allocates a market among competitors; (4) unlawfully ties the sale or purchase of one product or service to the sale or purchase of another product or service; or (5) monopolizes or attempts to monopolize a market. Requires the Comptroller General to study the impact of this Act after five years. Provides that this Act does not preclude the Federal Trade Commission (FTC) or the Department of Justice (DOJ) from overseeing the conduct of independent pharmacies covered under this Act.
United States · United States Congress · 25 February 2009
Fire Sprinkler Incentive Act of 2009 - Amends the Internal Revenue Code to classify automatic fire sprinkler systems as five-year depreciable property. Makes this Act applicable to property placed in service after April 11, 2003.
United States · United States Congress · 25 February 2009
Federal and Military Retiree Health Care Equity Act - Amends the Internal Revenue Code to permit: (1) federal civilian and military retirees to pay Federal Employees Health Benefits Program (FEHBP) and TRICARE supplemental premiums on a pretax basis (i.e., exclude premiums from gross income); and (2) a tax deduction (available to itemizers and nonitemizers) for TRICARE supplemental premiums or enrollment fees. Directs the Director of the Office of Personnel Management (OPM) and the Secretary of Defense to ensure that the option of paying FEHBP and TRICARE supplemental premiums on a pretax basis is available to federal civilian and military retirees for the first open enrollment period beginning not less than 90 days after the enactment of this Act.
United States · United States Congress · 25 February 2009
Safe Drug Disposal Act of 2009 - Amends the Controlled Substances Act to direct the Attorney General to promulgate regulations to: (1) authorize an ultimate user or care taker (a person responsible for taking care of one or more individuals or animals) to dispose of a controlled substance in accordance with a prescribed state program; (2) include five model state programs providing for such disposal through delivery to a designated facility; and (3) allow a state to work with the Attorney General to devise an alternative disposal program that is consistent with this Act. Requires each such program to: (1) require a state to enact legislation as a prerequisite to its adoption and implementation; (2) protect the public safety; (3) allow disposal of controlled substances through persons other than law enforcement personnel; (4) incorporate environmentally sound practices for disposal; (5) be cost-effective; (6) include convenient take-back options for urban and rural locations; and (6) not restrict the funding a state may use to implement it. Allows such a program to apply similarly to a drug or biological product other than a controlled substance. Directs the Comptroller General to collect data on state take-back disposal programs and periodically report to Congress. Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of Health and Human Services: (1) in approving drug applications and in licensing biological products, to ensure that the drug or product labeling does not include any recommendation or direction to dispose of the drug by means of a wastewater treatment system, such as by flushing it down the toilet; and (2) to review the labeling of existing drugs and products and order revision of any labeling that includes such a recommendation or direction. Deems any drug or product whose labeling is in violation of such an order to be misbranded.
United States · United States Congress · 24 February 2009
Amends the Internal Revenue Code to: (1) allow an enhanced tax deduction for losses sustained from a fraudulent Ponzi-type scheme; (2) extend the carryback period for net operating losses attributable to such schemes; (3) waive certain limitations on the charitable tax deduction for contributions to charities with losses from fraudulent Ponzi-type schemes; and (4) restore the gift tax unified credit for gifts of an interest in a fraudulent Ponzi-type scheme. Defines "fraudulent Ponzi-type scheme" as any fraudulent investment operation that provides investors with returns that are derived substantially from investments made by other investors rather than from profits.
United States · United States Congress · 24 February 2009
Biogas Production Incentive Act of 2009 - Amends the Internal Revenue Code to allow a business-related tax credit for the production, sale, or use of biogas. Defines "biogas" as a gas that is derived by processing qualified energy feedstock (i.e., manure of agricultural livestock and other organic agricultural or food industry byproduct waste material) in an anaerobic digester and that contains at least 52% methane and carbon dioxide and trace gases. Provides an increased credit for biogas produced from qualified cellulosic energy feedstock.
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 · 13 February 2009
Youth Prison Reduction through Opportunities, Mentoring, Intervention, Support, and Education Act or the Youth PROMISE Act - Amends the Juvenile Justice and Delinquency Prevention Act of 1974 to establish a PROMISE Advisory Panel to assist the Office of Juvenile Justice and Delinquency Prevention in: (1) assessing and developing standards and evidence-based practices to prevent juvenile delinquency and criminal street gang activity; and (2) collecting data in designated geographic areas to assess the needs and existing resources for juvenile delinquency and criminal street gang activity prevention and intervention. Authorizes the Administrator of the Office of Juvenile Justice and Delinquency Prevention to award grants to local governments and Indian tribes to: (1) plan and assess evidence-based and promising practices for juvenile delinquency and criminal street gang activity prevention and intervention, especially for at-risk youth; and (2) implement PROMISE plans, developed by local PROMISE Coordinating Councils (PCCs), for coordinating and supporting the delivery of juvenile delinquency and gang prevention and intervention programs in local communities. Establishes a National Research Center for Proven Juvenile Justice Practices to provide PCCs and the public with current research and other information about evidence-based practices related to juvenile delinquency and criminal street gang prevention and intervention. Directs the Administrator to award grants to: (1) allow institutions of higher education to serve as regional research partners with PCCs; and (2) hire and train law enforcement officers as youth-oriented police to work with PCCs, other community-based organizations, and high-risk youth. Establishes a Center for Youth-Oriented Policing. Mynisha's Law - Authorizes any local government or Indian Tribe with a PCC to submit an application to the Administrator of the Office of Juvenile Justice and Delinquency Prevention for designation as a Comprehensive Gang Prevention and Relief Area. Authorizes the Attorney General to award grants to partnerships comprising state mental health authorities and local or private entities to prevent or alleviate the effects of youth violence in urban communities with a high or increasing incidence of such violence. Prevention Resources for Eliminating Criminal Activity Using Tailored Interventions in Our Neighborhoods Act of 2009 or the PRECAUTION Act - Establishes the National Commission on Public Safety Through Crime and Delinquency Prevention to: (1) carry out a comprehensive study of the effectiveness of certain crime and delinquency prevention and intervention strategies: and (2) make initial and final reports on such strategies to specified federal and state officials. Authorizes the Director of the National Institute of Justice to make three-year grants to public and private entities for the implementation and evaluation of innovative crime or delinquency prevention or intervention strategies. Amends the Violent Crime Control and Law Enforcement Act of 1994 to authorize grants for the creation and expansion of state, local, and tribal juvenile witness and victim protection grants.
United States · United States Congress · 13 February 2009
Student Privacy Protection Act of 2009 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to revise provisions for military recruiter access to secondary school student information. Requires ESEA-assisted local educational agencies (LEAs) to notify each secondary school student's parent of the option to consent to a release of the student's name, address, and telephone listing to military recruiters, and to give the parent the opportunity to provide such consent in writing. Requires such LEAs to provide military recruiters, upon their request, with access to such information on a student only if the student's parent has given such written consent.
United States · United States Congress · 13 February 2009
Amends the Department of Commerce and Related Agencies Appropriations Act, 1999 to prohibit U.S. courts from recognizing, enforcing, or otherwise validating any assertion of rights by an individual (under current law, by a designated Cuban national) of a mark, trade name, or commercial name that was used in connection with a business or assets that were confiscated by the Cuban government unless the original owner of such mark or name, or such owner's bona fide successor, has expressly consented. Applies such prohibition only if the individual asserting the rights knew or had reason to know at the time of acquiring the rights asserted that the mark or name was the same or substantially similar to the mark or name used in connection with the business or assets that were confiscated.
United States · United States Congress · 13 February 2009
Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act with respect to fees of persons representating claimants prevailing before the Commissioner of Social Security in a claim of entitlement to past-due benefits. Increases the maximum level of fees authorized to be charged by such representatives with respect to such claims. Requires the Commissioner to make annual cost-of-living adjustments to such fee level.
United States · United States Congress · 13 February 2009
Notch Fairness Act of 2009 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to revise the formula for the computation of minimum Old Age Insurance benefits for individuals who reached age 65 in or after 1979, and to whom applies the 15-year transition period for the changes in benefit computation rules enacted in the Social Security Amendments of 1977. Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55% to 5% and keyed to the year an individual became eligible for such benefits between 1979 and 1988. Allows such beneficiaries, in the alternative, to receive lump sum payments over four years totaling $5,000.
United States · United States Congress · 13 February 2009
Peace Corps Expansion Act of 2009 - Amends the Peace Corps Act to: (1) authorize appropriations for the Peace Corps; and (2) increase readjustment allowances for Peace Corps volunteers and volunteer leaders.
United States · United States Congress · 13 February 2009
Keep Our Promise to America's Children and Teachers Act or the Keep Our PACT Act - Makes appropriations for: (1) programs under the Elementary and Secondary Education Act of 1965 for FY2009-FY2014; and (2) the Individuals with Disabilities Education Act, including specified amounts for FY2009-FY2016 and an amount determined pursuant to a specified formula (based on the number of children who received special education, the average per-pupil expenditure, and the rate of change in a state's population) for FY2017 and thereafter. Requires such appropriated amounts to be expended consistent with pay-as-you-go requirements.
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 · 13 February 2009
Expresses the sense of the House of Representatives that: (1) Bosnia and Herzegovina work toward the creation of an effective state; (2) any agreement on constitutional reform in Bosnia and Herzegovina should advance the principles of democracy and human rights and be consistent with the goal of European Union (EU) membership; (3) continued efforts should be made domestically and at the International Criminal Tribunal for Yugoslavia to achieve justice for victims of war crimes and to promote ethnic reconciliation; and (4) the United States should work with the EU in the transition to a European Union Special Representative to manage post-Office of the High Representative Bosnia and Herzegovina.
United States · United States Congress · 12 February 2009
Uniting American Families Act of 2009 - Amends the Immigration and Nationality Act to include a "permanent partner" within the scope of such Act. Defines a "permanent partner" as an individual 18 or older who: (1) is in a committed, intimate relationship with another individual 18 or older in which both individuals intend a lifelong commitment; (2) is financially interdependent with the other individual; (3) is not married to, or in a permanent partnership with, any other individual other than the individual; (4) is unable to contract with the other individual a marriage cognizable under this Act; and (5) is not a first, second, or third degree blood relation of the other individual. Defines a "permanent partnership" as the relationship existing between two permanent partners.
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 · 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
Mammogram and MRI Availability Act of 2009 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 (ERISA) to require a group health plan that provides coverage for diagnostic mammography for any woman 40 years old or older to provide no less favorable coverage for annual screening mammography for such a woman, and diagnostic mammography, annual screening mammography, and annual magnetic resonance imaging for any high risk woman. Prohibits a group health plan from denying enrollment or renewal solely to avoid the requirements of this Act, providing monetary incentives to encourage women to accept less than such minimum protections, penalizing providers for providing care in accordance with this Act, or providing incentives to induce providers to provide care in a manner inconsistent with this Act. Applies such requirements and prohibitions to coverage offered in the individual market.
United States · United States Congress · 11 February 2009
Free Flow of Information Act of 2009 - Prohibits a federal entity (an entity or employee of the judicial or executive branch or an administrative agency of the federal government), in any matter arising under federal law, from compelling a covered person to testify or produce any document related to information obtained or created as part of engaging in journalism unless a court makes specified determinations by a preponderance of the evidence, including determinations that: (1) alternative sources have been exhausted; (2) the testimony or document sought is critical to the investigation, prosecution, or defense of a crime or the successful completion of a noncriminal matter; (3) disclosure of an information source's identity is necessary to prevent an act of terrorism, harm to national security, imminent death, significant bodily harm or to identify a person who has disclosed a trade secret, individually identifiable health information, or certain nonpublic personal information; and (4) the public interest in compelling disclosure of the information or document involved outweighs the public interest in gathering or disseminating news or information. Allows a court, in making the last of those determinations, to consider the extent of any harm to national security. Defines "covered person" as a person who regularly gathers, photographs, records, writes, edits, reports, or publishes information concerning matters of public interest for dissemination to the public for a substantial portion of the person's livelihood or substantial financial gain, including a supervisor, employer, parent, subsidiary, or affiliate of such a person. Excludes from that definition foreign powers and their agents and certain terrorist organizations and individuals. Requires the content of compelled testimony or documents to be limited and narrowly tailored. Prohibits this Act from being construed as applying to civil defamation, slander, or libel claims or defenses under state law. Exempts certain criminal or tortious conduct. Applies this Act to communications service providers with regard to testimony or any record, information, or other communication that relates to a business transaction between such providers and covered persons. Sets forth notice requirements. Permits a court to delay notice to a covered person upon determining that such notice would pose a substantial threat to the integrity of a criminal investigation.
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 · 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 · 10 February 2009
National Trauma Center Stabilization Act of 2009 - Amends the Public Health Service Act to revise provisions governing grants to trauma centers. Directs the Secretary of Health and Human Services to establish four programs to award grants to public or nonprofit trauma centers to: (1) assist in defraying substantial uncompensated care costs; (2) further a center's core mission; (3) provide emergency relief to ensure continued and future availability of trauma service; and (4) support the development and maintenance of innovative information technology systems. Sets forth: (1) minimum qualifications of eligible centers, including requirements for levels of uncompensated care provided; and (2) preferences for awarding grants among level I, II, III, and IV trauma centers and among centers based on the changing availability of or demand for trauma care in the area served and financial need. Requires grantees to submit a long-term plan for providing trauma care. Requires the Secretary to: (1) annually determine and notify centers of their eligibility to receive a grant; and (2) periodically report on the status of such grants, the financial stability of the centers, the populations using the centers, and the effectiveness and efficiency of center activities. Authorizes appropriations for such grants for FY2010-FY2015 and specifies percentages to be reserved for the different types of grants.
United States · United States Congress · 10 February 2009
Honors Theodor Geisel (Dr. Seuss) for his success in encouraging children to discover the joy of reading. Honors the 12th anniversary of Read Across America Day, which occurs on March 2, 2009. Encourages parents to read with their children for at least 30 minutes on Read Across America Day.
United States · United States Congress · 10 February 2009
Expresses the sense of the House of Representatives that: (1) the North Atlantic Treaty Organization (NATO) is to be commended for its role in preserving transatlantic peace; (2) the NATO allies at the April 2009 Summit meeting should articulate an Alliance vision for the 21st century; (3) NATO must act upon the threat posed by the proliferation of weapons of mass destruction and terrorism by intensifying consultations among political and military leaders and deploying comprehensive counter-threat capabilities; (4) the Alliance should pace the process of NATO enlargement; and (5) while maintaining its unequivocal right to make its own decisions, NATO should seek to strengthen its relations with Russia as an essential partner in building long-term peace in the Euro-Atlantic area.
United States · United States Congress · 9 February 2009
Mentoring America's Children Act of 2009 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to make miscellaneous changes to the Mentoring grant program under title IV that include: (1) improvement of school connectedness and character education among mentoring's purposes; (2) corporations, universities, and other entities among program providers; (3) a requirement that mentors help children become responsible and successful adults; (4) suburban children in high crime areas and children living in high gang involvement, drug use, or dropout areas among those most in need of mentoring; (5) limitation of each mentor to no more than three children; and (6) mandatory information on grant applicants about plans for monitoring mentor/mentee matches and the satisfaction of grant matching requirements that increase from 10% to 50% over the three-year grant term. Allows grantees to be considered for new grants if: (1) their prior performance was satisfactory; (2) they propose to use the new grant exclusively for expanded service to a new area or population; and (3) they are able to provide a 50% match to the new grant funds. Directs the Secretary of Education to: (1) provide training and technical assistance to grantees, and track and evaluate their performance; and (2) arrange for research on school-based mentoring, the results of which are to be provided to the mentoring community. Includes mentoring in ESEA programs for: (1) Indian, Native Hawaiian, and Alaskan Native education; (2) the transitioning of youth offenders into education; and (3) school violence and drug abuse prevention.
United States · United States Congress · 9 February 2009
Airline Flight Crew Technical Corrections Act - Amends the Family and Medical Leave Act of 1993 with respect to the hours-of-service requirement airline flight crews must meet to be eligible for leave under such Act. Declares that a flight attendant or flight crewmember will be considered to meet such requirement if he or she has worked or been paid for: (1) 60% of the applicable monthly guarantee, or the equivalent annualized over the preceding 12-month period; and (2) a minimum of 504 hours during such period. Authorizes the Secretary of Labor to provide, by regulation, a method for calculating such leave for airline flight crews.
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
Improved Financial and Commodity Markets Oversight and Accountability Act - Amends the Inspector General Act of 1978 to include the Board of Governors of the Federal Reserve System, the Commodity Futures Trading Commission (CFTC), the National Credit Union Adminstration (NCUA), the Pension Benefit Guaranty Corporation (PBGC), and the Securities and Exchange Commission (SEC) as establishments the Inspector Generals of which shall be appointed by the President.
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
Food Safety Modernization Act of 2009 - Establishes in the Department of Health and Human Services (HHS) the Food Safety Administration. Assigns all the authorities and responsibilities of the Secretary of Health and Human Services related to food safety to the Administrator of Food Safety. Transfers to the Administration all functions of specified federal agencies that relate to the administration or enforcement of food safety laws. Renames the Food and Drug Administration (FDA) the Federal Drug and Device Administration. Directs the Administrator to: (1) administer a national food safety program; and (2) ensure that persons who produce, process, or distribute food prevent or minimize food safety hazards. Sets forth requirements for the Administrator to carry out such duties, including: (1) requiring food establishments to adopt preventive process controls; (2) enforcing performance standards for food safety; (3) establishing an inspection program; (4) strengthening and expanding foodborne illness surveillance systems; (5) requiring imported food to meet the same standards as U.S. food; and (6) establishing a national traceability system for food. Requires the Administrator to: (1) identify priorities for food safety research and data collection; (2) maintain a DNA matching system and epidemiological system for foodborne illness identification, outbreaks, and containment; (3) establish guidelines for a sampling system; (4) establish a national public education program on food safety; (5) conduct research on food safety; and (6) establish a working group on foodborne illness surveillance. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to develop the Food-Borne Illness Health Registry. Directs the Comptroller General to report on the federal resources being dedicated to foodborne illness and food safety research. Sets forth provisions regarding prohibited acts, recalls, penalties for violations of food safety laws, whistleblower protections, and civil actions.
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 · 3 February 2009
Department of Peace Act - Establishes a Department of Peace, which shall be headed by a Secretary of Peace (Secretary). Sets forth the mission of the Department, including: (1) cultivation of peace as a national policy objective; and (2) development of policies that promote national and international conflict prevention, nonviolent intervention, mediation, peaceful conflict resolution, and structured conflict mediation. Establishes in the Department: (1) the Office of Peace Education and Training; (2) the Office of Domestic Peace Activities; (3) the Office of International Peace Activities; (4) the Office of Technology for Peace; (5) the Office of Arms Control and Disarmament; (6) the Office of Peaceful Coexistence and Nonviolent Conflict Resolution; (7) the Office of Human Rights and Economic Rights; and (8) the Intergovernmental Advisory Council on Peace. Directs the Secretary of Defense and the Secretary of State to consult with the Secretary concerning nonviolent means of conflict resolution when a conflict between the United States and any other government or entity is imminent or occurring. Transfers to the Department the functions, assets, and personnel of various federal agencies. Establishes the Federal Interagency Committee on Peace. Directs the Secretary to encourage citizens to celebrate the blessings of peace and endeavor to create peace on a Peace Day.
United States · United States Congress · 3 February 2009
Dorothy I. Height and Whitney M. Young, Jr. Social Work Reinvestment Act - Directs the Secretary of Health and Human Services to establish the Social Work Reinvestment Commission to provide independent counsel to Congress on policy issues associated with the recruitment, retention, research, and reinvestment in the profession of social work. Directs the Commission to study and report to Congress on issues facing the social work profession, including: (1) fair market compensation, high social work educational debt, social work workforce trends, translating social work research to practice, and social work safety; and (2) state-level social work licensure policies and reciprocity agreements for providing services across state lines. Requires such study to assess the professional capacity of the social work workforce to serve and respond successfully to the increasing biopsychosocial needs of individuals, groups, and communities in certain areas, including aging and child welfare. Authorizes the Secretary to award: (1) workplace improvement grants to eligible entities and individuals to address workplace concerns for the social work profession, including caseloads, compensation, social work safety, supervision, and working conditions; and (2) research grants, education and training grants, and community-based programs of excellence grants. Directs the Secretary to: (1) contract with a national social work research entity to serve as a coordinating center and clearinghouse for information on activities funded under the grants; and (2) develop a multi-media outreach campaign and issue public service announcements that advertise and promote the social work profession.
United States · United States Congress · 3 February 2009
Fair Copyright in Research Works Act - Prohibits any federal agency from imposing any condition, in connection with a funding agreement, that requires the transfer or license to or for a federal agency, or requires the absence or abandonment, of specified exclusive rights of a copyright owner in an extrinsic work. Prohibits any federal agency from: (1) imposing, as a condition of a funding agreement, the waiver of, or assent to, any such prohibition; or (2) asserting any rights in material developed under any funding agreement that restrain or limit the acquisition or exercise of copyright rights in an extrinsic work. Defines "funding agreement" as any contract, grant, or other agreement entered into between a federal agency and any person under which funds are provided by a federal agency for the performance of experimental, developmental, or research activities. Defines "extrinsic work" as any work, other than a work of the U.S. government, that is related to a funding agreement and is also funded in substantial part by, or results from a meaningful added value contributed by, one or more nonfederal entities that are not a party to the funding agreement.
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
Congratulates the National Football League (NFL) champion Pittsburgh Steelers for winning Super Bowl XLIII and setting a new championship standard for the entire NFL.
![Official portrait of Rep. Wexler, Robert [D-FL-19]](https://www.congress.gov/img/member/w000314_200.jpg)