United States · United States Congress · 10 March 2009
Financial Product Safety Commission Act of 2009 - Establishes the Financial Product Safety Commission to: (1) promulgate consumer financial product safety rules; (2) establish a best practices guide for all providers of consumer financial products; (3) conduct continuing studies and investigations of consumer financial products industry practices; (4) award grants or enter into contracts for the conduct of such studies and investigations; (5) assist public and private organizations or groups of consumer financial product providers, administratively and technically, in the development of safety standards or guidelines that would assist them in complying with any Commission rule; (6) comment on selected agency rulemakings affecting consumer financial products; and (7) establish a consumer financial product customer hotline.
United States · United States Congress · 10 March 2009
Employee Free Choice Act of 2009 - Amends the National Labor Relations Act to require the National Labor Relations Board (NLRB) to certify a bargaining representative without directing an election if a majority of the bargaining unit employees have authorized designation of the representative (card-check) and there is no other individual or labor organization currently certified or recognized as the exclusive representative of any of the employees in the unit. Sets forth special procedural requirements for reaching an initial collective bargaining agreement following certification or recognition. Revises enforcement requirements with respect to unfair labor practices during union organizing drives, particularly a preliminary investigation of an alleged unfair labor practice (ULP) which may lead to proceedings for injunctive relief. Requires that priority be given to a preliminary investigation of any charge that, while employees were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative until the first collective bargaining contract is entered into, an employer: (1) discharged or otherwise discriminated against an employee to encourage or discourage membership in the labor organization; (2) threatened to discharge or to otherwise discriminate against an employee in order to interfere with, restrain, or coerce employees in the exercise of guaranteed self-organization or collective bardaining rights; or (3) engaged in any other related ULP that significantly interferes with, restrains, or coerces employees in the exercise of such guaranteed rights. Adds to remedies for such violations: (1) back pay plus liquidated damages; and (2) additional civil penalties.
United States · United States Congress · 9 March 2009
Retired Pay Restoration Act of 2009 - Allows the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability (under current law, only a disability rated at 50% or more). Makes eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay those individuals who were retired or separated from military service due to a service-connected disability.
United States · United States Congress · 9 March 2009
Designates March 2009 as National Reading Month. Authorizes Senators or Senate officers or employees to: (1) solicit other Senators or Senate officers or employees within Senate buildings for nonmonetary book donations from March 9-March 27, 2009, to assist elementary school students in the Washington, D.C. metropolitan area; and (2) work with nonprofit organizations to deliver such donations.
United States · United States Congress · 5 March 2009
Medical Device Safety Act of 2009 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit specified provisions preempting state and local requirements for medical devices intended for human use from being construed to modify or otherwise affect any action for damages or the liability of any person under state law. Makes this Act effective as if it were included in the Medical Device Amendments of 1976 and applicable to any civil action pending or filed on or after the date of enactment of this Act.
United States · United States Congress · 5 March 2009
Working Waterfront Preservation Act of 2009 - Amends the Coastal Zone Management Act of 1972 to authorize the Secretary of Commerce to award a grant to a state or local government of a coastal state, a nonprofit organization, or a fishing cooperative for projects to: (1) acquire real property in a coastal state to provide access to commercial fishermen or persons in the aquaculture industry to coastal waters in working waterfront areas; or (2) make improvements to real property owned by an eligible entity in a coastal state to provide access to such persons to coastal waters in working waterfront areas.
United States · United States Congress · 5 March 2009
Caging Prohibition Act of 2009 - Prohibits state or local election officials from preventing an individual from registering or voting (including by provisional ballot) in any election for federal office, or permitting a formal challenge under state law to an individual's registration status or eligibility to vote in a federal election, if the sole basis for such decision or challenge is evidence consisting of: (1) a voter caging document or voter caging list; (2) an unverified match list; (3) the foreclosure status of the individual's residence; or (4) certain information indicating a change of residence. Defines "voter caging document" as: (1) any nonforwardable document that is sent to an individual at the address at which such individual is registered (or seeking to become registered) as a voter in a federal election, and that is returned to the sender or to a third party as undelivered or undeliverable; and (2) any document (other than a notice warning of possible removal from the voting rolls) sent to an individual at the address at which such individual is registered containing instructions to return the document to the sender or a third party, but is not so returned. Defines "unverified match list" as one produced by: (1) matching the identity of registered voters or voter registration applicants with the identity of individuals who are ineligible to vote in the registrar's jurisdiction, by virtue of death, conviction, change of address, mental impairment, or otherwise, unless the process for matching the identities establishes beyond a reasonable doubt that the identities belong to the same individual; or (2) failing to match the identity of registered voters or voter registration applicants with the identity of individuals listed in the database of the state motor vehicle authority or in information provided by the Commissioner of Social Security under a verification agreement. Outlines requirements for challenges to an individual's registration or voting eligibility by persons other than election officials.
United States · United States Congress · 5 March 2009
Commercial Fishermen Safety Act of 2009 - Amends the Internal Revenue Code to allow commercial fishermen a business-related tax credit for up to 75% of the cost of certain fishing safety equipment. Limits the annual amount of such credit to $1,500.
United States · United States Congress · 4 March 2009
Pharmaceutical Market Access and Drug Safety Act of 2009 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to revise provisions governing the importation of prescription drugs. Waives the limitation on importation of prescription drugs that have been exported from the United States. Prohibits the importation of a qualifying drug unless such drug is imported by: (1) a registered importer; or (2) an individual for personal use. Establishes registration conditions for importers and exporters. Requires the Secretary of Health and Human Services to inspect places of business, verify chains of custody, inspect facilities, and determine compliance with registration conditions. Sets forth provisions governing the importation of qualifying drugs that are different from U.S. label drugs, including standards for judging such differences. Prohibits manufacturers from: (1) discriminating against registered exporters or importers; (2) causing there to be a difference in a prescription drug distributed in the United States and one distributed in a permitted country; (3) engaging in actions to restrict, prohibit, or delay the importation of a qualifying drug; or (4) engaging in any action that the Federal Trade Commission (FTC) determines discriminates against a person that engages or attempts to engage in the importation of a qualifying drug. States that the resale in the United States of prescription drugs that were properly sold abroad is not patent infringement. Requires the Secretary to educate consumers regarding prescription drug importation. Sets forth provisions governing the sale of prescription drugs through an Internet site. Includes the dispensing or selling of a prescription drug in violation of this Act as a prohibited act under FFDCA. Prohibits the introduction of restricted transactions with unregistered foreign pharmacies into a payment system or the completion of such transactions using a payment system.
United States · United States Congress · 3 March 2009
FDA Food Safety Modernization Act - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to expand the authority of the Secretary of Health and Human Services (the Secretary) to regulate food, including by authorizing the Secretary to suspend the registration of a food facility. Requires each food facility to evaluate hazards and implement preventive controls. Directs the Secretary to assess and collect fees related to: (1) food facility reinspection; (2) food recalls; and (3) the voluntary qualified importer program. Requires the Secretary and the Secretary of Agriculture to prepare the National Agriculture and Food Defense Strategy. Requires the Secretary to: (1) identify preventive programs and practices to promote the safety and security of food; (2) promulgate regulations on sanitary food transportation practices; (3) develop a policy to manage the risk of food allergy and anaphylaxis in schools and early childhood education programs; (4) allocate inspection resources based on the risk profile of food facilities or food; (5) recognize bodies that accredit food testing laboratories; and (6) improve the capacity of the Secretary to track and trace raw agricultural commodities. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to enhance foodborne illness surveillance systems. Authorizes the Secretary to order an immediate cessation of distribution, or a recall, of food. Requires the Administrator of the Environmental Protection Agency (EPA) to assist state, local, and tribal governments in preparing for, assessing, decontaminating, and recovering from an agriculture or food emergency. Provides for: (1) foreign supplier verification activities; (2) a voluntary qualified importer program; and (3) the inspection of foreign facilities registered to import food.
United States · United States Congress · 3 March 2009
Access to Durable Medical Equipment Act - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Improvements for Patients and Providers Act of 2008, with respect to Medicare quality standards for suppliers of items and services which shall be applied by recognized independent accreditation organizations. Applies to pharmacies and pharmacists the eligible professional exemption from such accreditation requirements, unless such standards are designed specifically for application to pharmacies and pharmacists. Authorizes the Secretary of Health and Human Services to exempt pharmacies and pharmacists from such standards if licensing, accreditation, or other mandatory quality requirements apply to them with respect to the furnishing of items and services.
United States · United States Congress · 26 February 2009
Justice Integrity Act of 2009 - Requires the Attorney General to: (1) establish a pilot program in 10 U.S. districts to promote fairness and the perception of fairness in the federal criminal justice system and to determine whether legislation is required; and (2) designate a U.S. attorney in each of the districts to implement a plan for carrying out such pilot program. Requires each U.S. attorney designated to implement a pilot program to appoint an advisory group consisting of judges, prosecutors, defense attorneys, and other individuals and entities who play an important role in the criminal justice system. Requires each advisory group to: (1) collect and analyze data on the race and ethnicity of defendants at each stage of a criminal proceeding; (2) seek to determine causes of racial and ethnic disparities in the criminal justice process; and (3) submit to the U.S. attorney a report and proposed plan for addressing such disparities. Requires each U.S. attorney to annually evaluate the efficacy of a plan submitted by an advisory group. Requires the Attorney General to: (1) prepare a comprehensive report on all advisory group plans and submit such report and plans to Congress; and (2) exercise continuing oversight of the criminal justice system to reduce unwarranted racial and ethnic disparities and improve such system.
United States · United States Congress · 26 February 2009
Select Agent Program and Biosafety Improvement Act of 2009 - Amends the Public Health Service Act and the Agricultural Bioterrorism Protection Act of 2002 to reauthorize appropriations for the Select Agent Program, which lists and controls biological agents and toxins that have the potential to pose a severe threat to public health and safety. Requires appropriate training of individuals handling or using such agents and toxins. Includes the Department of Homeland Security (DHS) among the federal agencies limited in the disclosure of information related to listed agents or toxins. Requires the Secretary of Health and Human Services to contract with the National Academy of Sciences to review and make recommendations for improving the Select Agent Program. Sets forth additional factors that the Secretary must consider in determining whether to list an agent or toxin, including whether the agent or toxin is endemic to the United States. Requires the Secretary to issue guidance on inventorying and monitoring listed biological agents. Directs the Attorney General to issue guidance regarding the scope of the statutory definition of "variola virus." Requires the Secretary to: (1) develop guidelines for how laboratories and laboratory personnel that do not regularly test for listed agents and toxins may be rapidly accessed and utilized during emergencies; and (2) evaluate national needs of, and oversight of, high containment biological laboratories. Provides for the development of minimum standards for laboratory biosafety and biosecurity training for relevant personnel of high containment biological laboratories. Requires the Secretary to establish a Biological Laboratory Incident Reporting System.
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
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. Requires the Secretary to develop techniques for the isolation, derivation, production, or testing of stem cells that are capable of producing all or almost all of the cell types of the developing body and may result in improved understanding of treatments for diseases and other adverse health conditions, but that are not derived from a human embryo. Requires the Secretary to: (1) provide guidance concerning the next steps required for additional research; (2) prioritize research with the greatest potential for near-term clinical benefit; and (3) take into account techniques outlined by the President's Council on Bioethics and any other appropriate techniques and research.
United States · United States Congress · 26 February 2009
Access for All America Act - Amends the Public Health Service Act to: (1) increase and extend the authorization of appropriations for community health centers and for the National Health Service Corps scholarship and loan repayment program for FY2010-FY2015, and provide for increased funding for such programs in FY2016 and each subsequent fiscal year; and (2) revise and expand provisions allowing a community health center to provide services at different locations, adjust its operating plan and budget, enter into arrangements with other centers to purchase supplies and services at reduced cost, and correct material failures in grant compliance.
United States · United States Congress · 26 February 2009
Designates the first week of April 2009 as National Asbestos Awareness Week. Urges the Surgeon General to warn and educate people about asbestos exposure, which may be hazardous to their health.
United States · United States Congress · 26 February 2009
Designates the week of March 1-8, 2009, as School Social Work Week. Honors the contributions of school social workers to the success of students in schools.
United States · United States Congress · 25 February 2009
Senator Paul Simon Study Abroad Foundation Act of 2009 - Establishes in the executive branch the Senator Paul Simon Study Abroad Foundation. Requires the Foundation to award grants, increasingly for study in nontraditional study abroad destinations, to: (1) U.S. students; (2) nongovernmental institutions that provide and promote study abroad opportunities for U.S. students, in consortium with institutions of higher education (IHEs); and (3) IHEs, individually or in consortium. Declares the sense of Congress on the distribution of such grants among individuals and institutions. Directs the the Comptroller General to review the operations of the Foundation.
United States · United States Congress · 25 February 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 · 25 February 2009
High School Sports Information Collection Act of 2009 - Amends the Education Sciences Reform Act of 2002 to require the Commissioner of the National Center for Education Statistics to collect the following information annually from each coeducational secondary school that receives federal financial assistance and that has an athletic program: (1) the number, gender, race, and ethnicity of students that attended the school; and (2) for each team that competed in athletic competition, the number, gender, race, and ethnicity of participants, the total expenditures, the number, gender, employment status, and qualifications of trainers, medical personnel, and coaches, and the number of competitions and practices scheduled. Requires such schools to: (1) make such information available to students and potential students, upon request, and to the public by October 15 of each school year; (2) ensure that all students at the school are informed of their right to request such information; and (3) annually provide such information to the Commissioner. Directs the Commissioner to: (1) ensure that such information is posted on the Department of Education's website; (2) notify all secondary schools regarding the availability of the information; and (3) issue guidance on how to collect and report the information required under this Act.
United States · United States Congress · 24 February 2009
Semester of Service Act - Amends the National and Community Service Act of 1990 to direct the Chief Executive Officer of the Corporation for National and Community Service to award competitive matching grants to local educational agencies or their nonprofit partners and, through them, competitive subgrants to schools or their nonprofit partners for Semester of Service programs that allow high school juniors and seniors to earn academic credit for service-learning that meets unmet human, educational, environmental, or public safety needs in their communities. Gives grant priority to applicants that propose to direct subgrants toward programs at schools that receive school improvement funds under part A of title I of the Elementary and Secondary Education Act of 1965. Requires Semester of Service programs to engage youth in service-learning for a minimum of 70 hours over a minimum of 12 weeks and have: (1) a weekly classroom-based component that is integrated into schools' regular curricula and aligned with applicable state academic content standards; and (2) a field-based component covering at least 24 of the minimum 70 hours. Directs the Chief Executive Officer to reserve funds for: (1) competitive grants to Indian tribes, Native Hawaiian organizations, the U.S. Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands for such programs; (2) technical assistance and training to grantees and subgrantees, and program outreach activities; and (3) independent evaluations of the programs.
United States · United States Congress · 24 February 2009
AmeriCorps: Together Improving Our Nation Act or the ACTION Act - Amends the National and Community Service Act of 1990 to base the calculation of the amount of the national service educational award on the average cost of attending a four-year institution of higher education, rather than a portion of a veteran's basic educational assistance allowance. Excludes the national service educational award from an individual's gross income for tax purposes. Permits the Corporation for National and Community Service to support a national service program that is carried out by another federal agency and implements the priorities of such agency. Makes Chief Executive Officer of the Corporation a Cabinet position. Raises the Officer's compensation to Level I of the Executive Schedule.
United States · United States Congress · 24 February 2009
Encore Service Act of 2009 - Amends the National and Community Service Act of 1990 to make eligible for assistance under the National Service Trust program Encore Service programs that engage individuals age 50 or older in national service addressing specific community needs. Gives Encore Service participants age 50 or older five options for their term of service, ranging from full-time to minimum time. Makes such participants eligible for national service educational awards, which they may transfer to others for use within 20 years. Expresses the sense of Congress that, by 2019, 25% of National Service Trust program participants should be age 50 or older. Requires the Corporation for National and Community Service to identify and address the barriers to program participation by such individuals. Establishes Encore Fellowship programs providing Encore Fellowships to professionals age 50 or older who serve as full-time volunteers for nine months to one year with public or nonprofit organizations that address unmet human, educational, environmental, or public safety needs. Makes such Fellows ineligible for national service educational awards. Creates Silver Scholarship programs providing Silver Scholarships to individuals who, over a one-year period, complete: (1) at least 500 hours of volunteer service after attaining age 55; or (2) between 250 and 500 hours of such service and present compelling personal experiences. Allows such individuals to transfer their scholarships to others for use within 20 years. Directs the Corporation to specify the services that qualify volunteers for scholarships, including: (1) tutoring or mentoring in educational settings; and (2) assisting persons with special needs. Amends the Domestic Volunteer Service Act of 1973 to allow anyone age 55 or older (currently, 60 or older) whose income does not exceed 200% (currently, 125%) of the poverty level to volunteer under the Foster Grandparent and Senior Companion programs that provide supportive services to persons with exceptional needs. Reauthorizes appropriations for the National Senior Volunteer Corps, including the Retired and Senior Volunteer, Foster Grandparent, and Senior Companion programs.
United States · United States Congress · 24 February 2009
Summer of Service Act of 2009 - Amends the National and Community Service Act of 1990 to create Summer of Service programs providing at least 100 hours of summer community service learning opportunities to youth who will subsequently enroll in grades six through nine. Requires the Chief Executive Officer of the Corporation for National and Community Service to provide competitive three-year grants to: (1) states under a State Grant program; and (2) public or private organizations under a National Direct Grant program, when a state does not apply for funding or the community service program includes multiple states. Requires states and organizations, in making project subgrants, to favor entities with established track records that: (1) have leadership positions in the communities from which participating youth will be drawn; (2) focus on youth service during the transition year before high school; (3) encourage or enable youth to continue providing community service throughout the school year; (4) involve youth in the design and operation of the community service project; and (5) include youth of diverse backgrounds, at least 50% of which are from low-income families. Permits such entities to charge the parents of participants an income-based fee to contribute to the nonfederal share of project costs. Makes each youth serving at least 100 hours in a service-learning project eligible for an educational award of up to $500.
United States · United States Congress · 23 February 2009
Girl Scouts USA Centennial Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue up to 350,000 $1 coins in commemoration of the centennial of the founding of the Girl Scouts of the USA. Requires the coin design to be emblematic of the 100 years of the organization. Restricts issuance of such coins to calendar year 2011. Subjects coin sales to a surcharge of $10 per coin. Requires payment of such surcharges to the Girl Scouts of the United States of America for Girl Scout program development and delivery.
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 or tribal government or a group of counties to submit an application to the Attorney General for designation as a High Intensity Gang Activity Area. City Youth Violence Recovery Act - 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 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 · 11 February 2009
State Secrets Protection Act - Amends the federal judicial code to: (1) require a federal court to determine which filings, motions, and affidavits (or portions) submitted under this Act shall be submitted ex parte; (2) allow a federal court to order a party to provide a redacted, unclassified, or summary substitute of a filing, motion, or affidavit to other parties; and (3) require a federal court to make decisions under this Act, taking into consideration the interests of justice and national security. Requires any hearing under this Act to be conducted in camera. Prohibits an in camera hearing, however, based on the assertion of the state secrets privilege, if the court determines that the hearing relates only to a question of law and does not present a risk of revealing state secrets. Allows a federal court to conduct hearings (or portions) ex parte if the court determines, following in camera review of the evidence, that the interests of justice and national security cannot adequately be protected through attorney security clearances, protective orders, sealed opinions or orders, and special masters. Authorizes a court, if the United States fails to provide an attorney or guardian ad litem with necessary security clearance in a reasonable period of time, to review in camera and ex parte the reasons for denying or delaying the clearance, in order to ensure that the United States is not withholding a security clearance from a particular attorney or class of attorneys for any reason other than protection of national security. Authorizes the United States to intervene in any civil action in order to protect information that may be subject to the state secrets privilege. Declares, however, that the state secrets privilege shall not constitute grounds for dismissal of a case or claim. Prescribes procedures for: (1) determining whether evidence is protected from disclosure by the state secrets privilege; and (2) when evidence protected by the state secrets privilege is necessary for adjudication of a claim or counterclaim. Requires the court to give substantial weight to an assertion by the United States relating to why public disclosure of an item of evidence would be reasonably likely to cause significant harm to the national defense or foreign relations of the United States. Grants courts of appeal jurisdiction of an appeal by any party from any interlocutory decision or order of a U.S. district court. Requires the Attorney General within 30 days to report in writing to Congress on any case in which the United States asserts the state secrets privilege. Applies this Act to civil cases pending on or after the enactment of this Act.
United States · United States Congress · 11 February 2009
Cluster Munitions Civilian Protection Act of 2009 - Places specified restrictions on the use of cluster munitions. Directs the President, within 90 days after the use of such munitions, to submit to the congressional defense, appropriations, and foreign relations committees a plan for cleaning up any such munitions or submunitions which fail to explode and continue to pose a hazard to civilians.
United States · United States Congress · 10 February 2009
Artist-Museum Partnership Act - 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 · 10 February 2009
Wakefield Act - Amends the Public Health Service Act to: (1) extend by one year the length of time for which a grant may be awarded under the emergency medical services for children grant program, which allows the Secretary of Health and Human Services to make grants to states or schools of medicine to support projects to expand and improve emergency medical services for children who need treatment for trauma or critical care; and (2) authorize appropriations for such grant program for FY2010-FY2014.
United States · United States Congress · 9 February 2009
Civil Rights History Project Act of 2009 - Requires the Librarian of Congress and the Secretary of the Smithsonian Institution (acting through the Director of the National Museum of African American History and Culture) to establish an oral history project to: (1) collect video and audio recordings of, and visual and written materials relevant to the personal histories of, participants in the Civil Rights movement; and (2) make the collection available for public use through the Library of Congress and the Museum.
United States · United States Congress · 4 February 2009
Real Estate Mortgage Investment Conduit Improvement Act of 2009 - Establishes special rules for modification or disposition of a troubled asset (qualified mortgages or foreclosure property) under the Troubled Asset Relief Program (TARP) by real estate mortgage investment conduits (REMICs). Declares that: (1) such a modification or disposition shall not be treated as a prohibited transaction under the Internal Revenue Code; (2) an interest in the REMIC shall not fail to be treated as a regular interest solely because of such modification or disposition; and (3) any proceeds resulting from such modification or disposition shall be treated as amounts received under qualified mortgages. Specifies terms of the instruments governing the conduct of servicers or trustees with respect to qualified mortgages which shall terminates a REMIC. Directs the Secretary of the Treasury to establish and implement a home mortgage loan relief program under TARP.
United States · United States Congress · 3 February 2009
Whistleblower Protection Enhancement Act of 2009 - Amends federal personnel law relating to whistleblower protections to: (1) expand the concept of protected disclosure to include lawful disclosures without restriction to time, place, form, motive, context, forum, or prior disclosure, including a disclosure made in the ordinary course of an employee's duties; (2) define evidentiary standards applicable to whistleblower disclosures; (3) include as a prohibited personnel practice against whistleblowers the implementation of enforcement of any nondisclosure policy, form, or agreement, a suspension or revocation of a security clearance, and an investigation of a whistleblower; (4) permit whistleblowers to file appeals in any federal court of appeals of competent jurisdiction; (5) authorize the Director of the Office of Personnel Management (OPM) to obtain review of a final order of the Merit Systems Protection Board (MSPB) interpreting whistleblower protections under specified circumstances; (6) grant authority to the MSPB to determine whether whistleblower security clearances were properly suspended or revoked; (7) make whistleblower protections applicable to employees of the Transportation Security Administration (TSA) and individuals who disclose censorship by federal agencies of research, analysis, or technical information; and (8) require the Comptroller General to report to Congress on the implementation of this Act and on the revocation of whistleblower security clearances.
United States · United States Congress · 3 February 2009
Social Security and Medicare Improved Burn Injury Treatment Access Act of 2009 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to direct the Commissioner of Social Security to waive the application of the five-month Social Security disability waiting period in cases of individuals with disabling burn injuries. Eliminates the 24-month Medicare disability waiting period in cases of individuals with disabling burn injuries.
United States · United States Congress · 28 January 2009
Recognizes the 100th anniversary of the historic founding of the National Association for the Advancement of Colored People (NAACP). Honors and praises the NAACP on the occasion of its anniversary for its work to ensure the political, educational, social, and economic equality of all persons.
United States · United States Congress · 26 January 2009
Commuter Benefits Equity Act of 2009 - Amends the Internal Revenue Code to equalize and increase to $230, with a cost-of-living adjustment after 2009, the tax exclusion for both transportation and parking fringe benefits. Extends such benefits to federal employees.
United States · United States Congress · 22 January 2009
Physician Payments Sunshine Act of 2009 - Amends part A (General Provisions) of title XI of the Social Security Act to provide for transparency in the relationship between physicians and applicable manufacturers with respect to payments and other transfers of value and physician ownership or investment interests in manufacturers. Requires any manufacturer of a covered drug, device, biological, or medical supply that makes a payment or another transfer of value to a physician, a physician medical practice, or a physician group practice to report annually, in electronic form, specified information on such transactions to the Secretary of Health and Human Services. Requires any such manufacturer, or related group purchasing organization, also to report annually to the Secretary, in electronic form, certain information regarding any ownership or investment interest (other than in a publicly traded security and mutual fund) held by a physician (or an immediate family member) in the manufacturer or group purchasing organization during the preceding year. Prescribes administrative penalties for failure to comply with these requirements. Requires report submission procedures to ensure public availability of required information on a website.
United States · United States Congress · 16 January 2009
Serve America Act - Amends the National and Community Service Act of 1990 to create two new service-learning programs: (1) a Youth Engagement Zones to Strengthen Communities program, providing competitive grants to partnerships between local educational agencies that serve high-need, low-income communities and certain community-based or state entities to engage students and out-of-school youth in service-learning addressing specific challenges faced by their communities; and (2) a Campus of Service program, which annually grants up to 30 institutions of higher education (IHEs) with exemplary service-learning programs the funds to assist their students' pursuit of public service careers, and the right to nominate additional individuals for ServeAmerica Fellowships. Directs the Corporation for National and Community Service (Corporation) to contract for a 10-year, longitudinal service-learning impact study. Establishes the Commission on Cross-Sector Solutions to America's Problems to study ways in which the federal government and businesses can more effectively collaborate with nonprofit and philanthropic organizations to address pressing national and local challenges. Creates a Community Solutions Funds Pilot program awarding competitive matching grants to grantmaking institutions or partnerships between such institutions and state or local governmental entities which will use the grants to provide competitive matching subgrants to community organizations for use in replicating or expanding proven solutions to specifically identified community challenges. Establishes an Innovation Fellowships Pilot program awarding competitive grants to individuals who are veterans, or have completed at least one period of national service, to establish innovative nonprofit organizations that address national and local challenges. Creates a ServeAmerica Corps program providing formula grants to states and awarding competitive grants to states and nonprofit organizations to fund national service in low-income communities by: (1) Clean Energy Service Corps that improve certain clean energy indicators, including energy efficiency and conservation measures; (2) Education Corps that improve certain education indicators, including student engagement, achievement, and graduation; (3) Healthy Futures Corps that improve certain health indicators, including health care access; (4) Opportunity Corps that improve certain opportunity indicators, including financial literacy and access to housing, and employment-related services; and (5) Encore programs designed to take advantage of the skills of participants age 50 and older. Creates additional incentives for national service participation by individuals age 50 and older. Makes ServeAmerica Corps participants eligible for national service educational awards. Directs a partnership composed of the Corporation, the Director of the Bureau of the Census, and the Commissioner of Labor Statistics to: (1) create a Civic Health Index enabling states and communities to assess their civic health; and (2) conduct research on, and assessments of, domestic and international volunteering. Establishes the ServeAmerica and Encore Fellowships program providing ServeAmerica Fellowships to IHE-nominated individuals and Encore Fellowships to individuals age 50 or older who agree to be placed with nonprofit organizations to carry out projects in specified areas of national need. Makes ServeAmerica fellows eligible for national service educational awards. Creates a Volunteer Generation Fund program awarding competitive matching grants to states and nonprofit organizations to increase the availability and capacity of volunteers to address state priorities with regard to areas of national need or work with nonprofit civic entities, including faith-based organizations, to address such needs. Establishes a National Service Reserve Corps of individuals who have completed a term of national service to respond to national disasters and other emergencies. Directs the Corporation, within 180 days of this Act's enactment, to conduct a nationwide Call to Service Campaign. Requires the Office of Volunteers for Prosperity (VfP) of the United States Agency for International Development (USAID) to implement a VfPServe program providing skilled professionals with fixed-amount stipends to offset their costs of volunteering abroad to address specified VfP objectives aimed at ameliorating living conditions in developing countries.
United States · United States Congress · 16 January 2009
Incentive to Serve Tax Act - Amends the Internal Revenue Code to allow employers a business tax credit for 25% of wages paid to employees while such employees are performing certain services (e.g., services advancing the improvement of education, health care access, energy conservation, economic opportunities for economically disadvantaged individuals, and disaster preparedness and response) for charitable organizations and community agencies. Limits the amount of wages eligible for such credit to $100,000 per employee.
United States · United States Congress · 16 January 2009
Acknowledges the lifelong services of Griffin Boyette Bell to the state of Georgia and the United States as a legal icon. Commends him for his tenure as Attorney General of the United States and his commitment to the American Civil Rights Movement.
United States · United States Congress · 15 January 2009
Servicemembers Access to Justice Act of 2009 - Waives a state's sovereign immunity with respect to the enforcement of uniformed services members' employment or reemployment rights or benefits under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). Makes unenforceable agreements between an employer and employee requiring arbitration of disputes arising under USERRA. Provides exceptions. Requires the validity and enforceability of such an agreement to be determined by a court (as opposed to the arbitrator). Provides increased liquidated damages, and authorizes punitive damages, against state or private employer violations of USERRA. Provides a right to a jury trial in such cases. Requires (under current law, authorizes) the award of attorney fees in actions to enforce USERRA. Defines "successor in interest" for USERRA purposes. Prohibits wage discrimination against members covered under USERRA. Requires (under current law, authorizes) a court to use equitable relief, including injunctions and restraining orders when appropriate, for USERRA violations. Amends the Federal Property and Administrative Services Act of 1949 to require federal procurement contracts to include a notice that the contractor may have USERRA obligations. Requires a Comptroller General study on the effectiveness of federal education and outreach programs on employer obligations under USERRA.
United States · United States Congress · 15 January 2009
Medicare Home Infusion Therapy Coverage Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of home infusion therapy and home infusion drugs. Directs the Secretary of Health and Human Services to implement the Medicare home infusion therapy benefit in a manner that ensures that: (1) Medicare beneficiaries have timely and appropriate access to infusion therapy in their homes; and (2) there is rapid and seamless coordination between drug coverage under Medicare part D (Voluntary Prescription Drug Benefit Program) and home infusion therapy services coverage under Medicare part B (Supplemental Security Income).
United States · United States Congress · 15 January 2009
Amends the Internal Revenue Code to include in foreign base company income, for purposes of determining the foreign trade income of controlled foreign corporations, imported property income. Defines "imported property income" as, with certain exceptions, income attributable to property manufactured outside of the United States and imported for sale into the United States. Provides for a separate application of limitations on the foreign tax credit for imported property income.
United States · United States Congress · 14 January 2009
Amends the National Wildlife Refuge System Administration Act of 1966 to designate a portion of the Arctic National Wildlife Refuge (ANWR) in Alaska as a component of the National Wilderness Preservation System under the Wilderness Act.
United States · United States Congress · 13 January 2009
Children's Health Care Quality Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to establish a program to: (1) identify quality and performance measures for pediatric service providers; and (2) award grants or contracts for the development, validation, and testing of new and emerging measures. Directs the Secretary, acting through the Administrator of the Centers for Medicare & Medicaid Services, to establish demonstration projects to award grants to states to improve the delivery of health care services to children under Medicaid and SSA title XXI (State Children's Health Insurance Program) (SCHIP). Requires demonstration projects in the categories of: (1) health information technology systems; (2) disease management for children with chronic conditions; (3) evidence-based quality improvement; and (4) quality and performance measures for providers of children's health care services. Requires the Comptroller General to make recommendations to Congress for the design and implementation of a demonstration project to evaluate the suitability of existing quality and performance measures for children's inpatient hospital services for public reporting, differentiating quality, identifying best practices, and providing a basis for payment rewards.
United States · United States Congress · 12 January 2009
Calling for 2-1-1 Act of 2009 - Directs the Secretary of Health and Human Services to award a grant to each state to carry out a program for making available throughout that state the 2-1-1 telephone service for information and referral on human services. Requires a participating state to ensure that at least 50% of the resources of the program funded by the grant will be derived from other sources. Requires a state seeking a grant to carry out its activities through a lead entity to be known as a 2-1-1 Collaborative. Requires grant amounts to be used solely to make available to a state 2-1-1 telephone service for community information and referral on human services to all citizens of that state with phone access, including telephone connections between families and individuals seeking services and the service providers. Requires grant recipients to: (1) abide by the Key Standards for 2-1-1 Centers; and (2) collaborate with human service organizations to provide an exhaustive database of services with which to provide information or referral to individuals utilizing the 2-1-1 service.
United States · United States Congress · 9 January 2009
Quinebaug and Shetucket Rivers Valley National Heritage Corridor Amendments Act of 2009 - Amends the Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1994 to extend the authority of the Secretary of the Interior to make grants or provide any assistance under the Act for the Quinebaug and Shetucket Rivers Valley National Heritage Corridor to September 30, 2015. Requires the Secretary to conduct an evaluation of the accomplishments of the Corridor by no later than three years before the date on which the authority for federal funding terminates for the Corridor, and based upon the evaluation, to prepare and submit to specified congressional committees a report that includes recommendations for the future role of the National Park Service (NPS), if any, with respect to the Corridor. Increases the total amount that may be appropriated for the Corridor.
United States · United States Congress · 8 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.
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