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 to Cancer Clinical Trials Act of 2009 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to prohibit a group health plan from: (1) denying an eligible participant or beneficiary with cancer participation in clinical trials related to the prevention or treatment of cancer that are federally funded or conducted under an investigational new drug application reviewed by the Food and Drug Administration (FDA); (2) denying (or limiting or imposing additional conditions on) the coverage of routine patient costs for items and services furnished in connection with such participation; or (3) discriminating against an individual on the basis of such participation. Includes as routine patient costs all items and services provided in the clinical trial that are otherwise generally available to a qualified individual, with certain exceptions. Applies such prohibitions to coverage offered in the individual market and coverage offered through the Federal Employees Health Benefits Program. Makes this Act effective January 1, 2009. Requires the Secretary of Health and Human Services to study the impact on group health plans of requiring them to cover routine patient care costs for individuals with serious and life threatening diseases other than cancer.
United States · United States Congress · 25 February 2009
Chesapeake Bay Gateways and Watertrails Network Continuing Authorization Act - Amends the Chesapeake Bay Initiative Act of 1998 to make permanent the authorization of appropriations for the Chesapeake Bay Gateways and Watertrails Network.
United States · United States Congress · 25 February 2009
Military Spouses Residency Relief Act - Amends the Servicemembers Civil Relief Act to prohibit, for purposes of voting for a federal, state, or local office, deeming a person to have lost a residence or domicile in a state, acquired a residence or domicile in any other state, or become a resident in or of any other state solely because the person is absent from a state because the person is accompanying the person's spouse who is absent from the state in compliance with military or naval orders. Prohibits a servicemember's spouse from either losing or acquiring a residence or domicile for purposes of taxation because of being absent or present in any U.S. tax jurisdiction solely to be with the servicemember in compliance with the servicemember's military orders if the residence or domicile is the same for the servicemember and the spouse. Prohibits a spouse's income from being considered income earned in a tax jurisdiction if the spouse is not a resident or domiciliary of such jurisdiction when the spouse is in that jurisdiction solely to be with a servicemember serving under military orders. Suspends land rights residency requirements for spouses accompanying servicemembers serving under military orders.
United States · United States Congress · 25 February 2009
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
Access to Emergency Medical Services Act of 2009 - Establishes the United States Bipartisan Commission on Access to Emergency Medical Services to: (1) identify and examine factors in the health care delivery, financing, and legal systems that affect the effective delivery of screening and stabilization services furnished in hospitals that have emergency departments pursuant to the Emergency Medical Treatment and Labor Act (EMTALA); and (2) make specific recommendations to Congress with respect to federal programs, policies, and financing needed to assure the availability of such screening and stabilization services and the coordination of state, local, and federal programs for responding to disasters and emergencies. Amends title XVIII (Medicare) of the Social Security Act to provide for additional payments for certain physicians' emergency services furnished pursuant to EMTALA. Directs the Secretary of Health and Human Services, acting through the Administrator of the Centers for Medicare & Medicaid Services, to convene a working group that includes experts in emergency care, inpatient critical care, hospital operations management, nursing, and other relevant disciplines to develop boarding and diversion standards for hospitals and guidelines, measures, and incentives for implementation, monitoring, and enforcement of such standards. Requires the CMS working group to: (1) identify barriers contributing to delays in timely processing of patients requiring admission as inpatients who initially sought care through the hospital's emergency department; (2) identify best practices to improve patient flow within hospitals; and (3) report to Congress and the Secretary a detailed description of the standards, guidelines, measures, and incentives developed, as well as identified barriers and best practices. Directs the Secretary to establish a mechanism to make public information regarding any hospital that fails to report information requested by the CMS working group.
United States · United States Congress · 24 February 2009
Amends the Internal Revenue Code to: (1) increase the allowable amount of the railroad track maintenance tax credit; (2) revise the types of expenditures eligible for such credit; and (3) extend such credit through 2012.
United States · United States Congress · 24 February 2009
False Claims Act Clarification Act of 2009 - Amends False Claims Act liability provisions to eliminate the requirement that a false or fraudulent claim for government money or property must be presented to an officer or employee of the U.S. Government (thus creating liability where a false or fraudulent claim is presented to a contractor or grantee of a federal program). Allows the government, under specified circumstances, to move to dismiss from a civil action for false claims a qui tam relator (i.e., whistleblower) that is an employee of the federal government or an immediate family member of a federal employee. Declares that: (1) no claim for a violation of the False Claims Act may be waived or released by any action of any person, except as part of a court approved settlement of a false claim civil action; and (2) nothing in this Act shall be construed to limit the ability of the United States to decline to pursue any claim or to require court approval of a settlement. Requires the dismissal of a civil action for false claims if substantially the same matters in the action were contained in a criminal proceeding or were disclosed in a news media report or public congressional hearing, report, or investigation. Expands the authority of a court to reduce an award under the False Claims Act if the court finds that knowledge of the claims in the civil action came primarily from specific information relating to allegations or transactions (other than information provided by the person bringing the action) that the government publicly disclosed or that the government disclosed privately to the person bringing the action in the course of its investigation into potential violations. Includes government contractors or agents under provisions granting relief from retaliatory actions taken against government employees for lawful acts taken to stop false claim violations. Establishes a 10-year limitation period for bringing a civil action under the False Claims Act. Allows the government to intervene in a civil action by filing its own complaint or amending the complaint of an individual who has brought a claim under the Act. Provides that the filing date of any such complaint or amended complaint shall relate back to the filing date of the complaint brought by the person filing the original complaint, for statute of limitation purposes. Allows: (1) a designee of the Attorney General to issue a civil investigative demand in an action under the False Claims Act; and (2) the sharing of information obtained by a civil investigative demand with any qui tam relator if the Attorney General or designee determines such sharing to be a necessary part of a False Claims Act investigation. Expands the definition of "official use" to facilitate Department of Justice (DOJ) use and sharing of false claim information. Directs the Attorney General to report to the Senate and House Judiciary Committees regarding false claims settlements for claims for damages exceeding $100,000.
United States · United States Congress · 23 February 2009
Five-Star Generals Commemorative Coin Act - Directs the Secretary of the Treasury ( Secretary) to mint and issue $5 gold coins, $1 Silver Coins, and half dollar clad coins in recognition and celebration of the Five-Star Generals' attendance and graduation from the Command and General Staff College (CGSC). Requires the design of such coins to include the portraits of Generals George C. Marshall, Douglas MacArthur, Dwight D. Eisenhower, Henry "Hap" Arnold, and Omar N. Bradley. Restricts the issuance of such coins to calendar 2013. Requires specified surcharges in the sale of such coins, which shall be paid promptly to the CGSC Foundation to help finance its support of the College.
United States · United States Congress · 23 February 2009
Food Allergy and Anaphylaxis Management Act of 2009 - Requires the Secretary of Health and Human Services to develop and make available to local educational agencies, schools, early childhood education programs, and other interested entities voluntary guidelines to develop plans for individuals to manage the risk of food allergy and anaphylaxis in schools and early childhood education programs. Directs that such guidelines address: (1) parental obligation to provide the documentation of their child's allergies; (2) the creation of an individual food allergy management plan for each such child; (3) communication between schools or programs and emergency medical services; (4) reduction of exposure to anaphylactic causative agents; (5) food allergy management training; and (6) administration of epinephrine. Allows the Secretary to award matching grants to assist local educational agencies in implementing such food allergy and anaphylaxis management guidelines.
United States · United States Congress · 13 February 2009
Requires the Supreme Court to permit television coverage of all open sessions of the Court unless it decides by majority vote that allowing such coverage in a particular case would violate the due process rights of any of the parties involved.
United States · United States Congress · 13 February 2009
Free Speech Protection Act of 2009 - Allows any U.S. person against whom a lawsuit for defamation is brought in a foreign country for defamation on the basis of the content of any speech by that person that has been published, uttered, or otherwise disseminated in the United States to bring an action in a U.S. district court against any person who, or entity which, brought the suit, if: (1) the speech at issue in the foreign lawsuit does not constitute defamation under U.S. law; and (2) the person or entity which brought the foreign lawsuit serves or causes to be served any documents in connection with such foreign lawsuit on a U.S. person. Allows the award of treble damages if it is determined by a preponderance of the evidence that the person or entity bringing the foreign lawsuit intentionally engaged in a scheme to suppress rights under the First Amendment to the Constitution by discouraging publishers or other media from publishing, or by discouraging financial supporters from employing, retaining, or supporting the research, writing, or other speech of an individual.
United States · United States Congress · 13 February 2009
Free Flow of Information Act of 2009 - Prohibits a federal entity from compelling a covered person (journalists and their employers, etc.) to testify or produce any document relating to protected information unless a court makes specified determinations by a preponderance of the evidence, including that all reasonable alternative sources have been exhausted, that the testimony or document sought is essential, and that nondisclosure would be contrary to the public interest, taking into account both the public interest in compelling disclosure and the public interest in gathering news and maintaining the free flow of information. Requires the content of compelled testimony or documents to be limited and narrowly tailored. Creates exceptions relating to alleged criminal or tortious conduct, prevention of death, kidnapping, or substantial bodily injury, prevention of terrorist activity, or prevention of national security harm. Applies this Act to communications service providers with regard to: (1) a communication to which a covered person is a party; (2) any document relating to such a communication; or (3) the contents of such a communication. 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. Declares that this Act does not supersede, dilute, or preclude any law or court decision compelling or not compelling disclosure by a covered person or communications service provider of information identifying a source who provided information without a confidentiality promise made as part of engaging in journalism or records, communication data, documents, or information obtained without a confidentiality promise.
United States · United States Congress · 13 February 2009
Attorney-Client Privilege Protection Act of 2009 - Amends the federal criminal code to prohibit any U.S. agent or attorney, in any federal investigation or criminal or civil enforcement matter, including any form of administrative proceeding or adjudication, from: (1) demanding or requesting that an organization, or a current or former employee, officer, director, or agent of such organization, waive the protections of the attorney-client privilege or attorney work product doctrine; (2) offering to reward or actually rewarding an organization, or current or former employee, officer, director, or agent, for waiving such protections; or (3) threatening adverse treatment or penalizing an organization, or current or former employee, officer, director, or agent, for declining to waive those protections. Prohibits a U.S. agent or attorney in any federal investigation or criminal or civil enforcement matter, including any form of administrative proceeding or adjudication, from considering specified conduct in: (1) making a civil or criminal charging or enforcement decision relating to an organization, or one of its current or former employees or agents; or (2) determining whether an organization, or a current or former employee, officer, director, or agent, is cooperating with the government. Numbers among the actions a U.S. agent or attorney may not use as a charging decision condition or a cooperation-determining factor: (1) any valid assertion of the protection of the attorney-client privilege or attorney work product doctrine; (2) the provision of counsel to, or contribution to the legal defense fees or expenses of, a current or former employee, officer, director, or agent of an organization; (3) entry into, or existence of, a valid joint-defense, information-sharing, or common-interest agreement between an organization and a current or former employee or officer or director or agent, or among its current or former employees; (4) the sharing of relevant information in anticipation of or in response to an investigation or enforcement matter between an organization and a current or former employee or officer or director or agent, or among its current or former employees, unless shuch sharing is itself an offense; or (5) the failure to terminate the employment or affiliation of or otherwise sanction any employee, officer, director, or agent of the organization because of the employee's, officer's, director's, or agent's decision to exercise personal constitutional rights or other legal protections in response to a government request. Prohibits a U.S. agent or attorney from demanding or requesting that an organization or an affiliated person not take any such action.
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 · 13 February 2009
Amends the Internal Revenue Code to allow attorneys a tax deduction in the current taxable year for reimbursable expenses and court costs which they pay or incur in connection with contingency fee cases.
United States · United States Congress · 13 February 2009
Amends the Internal Revenue Code to expand the tax deduction for attorney's fees and courts costs to allow an above-the-line deduction for such fees and costs paid in connection with any legal action involving a civil claim (currently, limited to actions involving unlawful discrimination, the False Claims Act, and Medicare payments).
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 new discretionary budget authority for the following accounts of the Department of Veterans Affairs (VA): (1) Medical Services; (2) Medical Support and Compliance; and (3) Medical Facilities. Requires the Comptroller General to conduct a study on the adequacy and accuracy of VA baseline model projections for health care expenditures.
United States · United States Congress · 12 February 2009
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
Hospice Protection Act - Establishes a temporary moratorium on the phase out of the Medicare hospice Budget Neutrality Adjustment Factor (BNAF). Directs the Secretary of Health and Human Services, between enactment of this Act and December 31, 2009, to recompute and apply the final Medicare hospice wage index for FY2009 as if the BNAF had remained in place with no reduction.
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 · 10 February 2009
Veterans' Compensation Cost-of-Living Adjustment Act of 2009 - Directs the Secretary of Veterans Affairs to increase, as of December 1, 2009, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled veterans, and dependency and indemnity compensation for surviving spouses and children. Requires each such increase to be the same percentage as the increase in benefits provided under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act, on the same effective date.
United States · United States Congress · 10 February 2009
Nino's Act - Amends title XIX (Medicaid) of the Social Security Act to provide for mandatory Medicaid coverage of drugs prescribed for certain research study child participants, regardless of Medicaid eligibility otherwise, if the state provides drug coverage.
United States · United States Congress · 5 February 2009
Healthy Americans Act - Requires each adult individual to have the opportunity to purchase a Healthy Americans Private Insurance Plan (HAPI), which is: (1) a plan offered by a state; or (2) an employer-sponsored health coverage plan. Makes individuals who are not enrolled in another specified health plan and who are not opposed to coverage for religious reasons responsible for enrolling themselves and their dependent children in a HAPI plan offered through their state of residence. Sets forth penalties for failure to enroll. Establishes standardized coverage and state options for HAPI plans. Requires the Secretary of Health and Human Services to promulgate guidelines concerning the benefits, items, and services to be covered. Sets forth requirements for setting premiums. Requires the Secretary to establish the Healthy America Advisory Committee to provide annual recommendations concerning modifications to the benefits, items, and services required. Provides for school-based health centers. Authorizes states to establish and operate a State Choices for Long-Term Care Program. Requires the Secretary to establish Chronic Care Education Centers. Requires states to establish or designate a state Health Help Agency to carry out the administration of HAPI plans and to promote prevention and wellness for residents. Amends the Internal Revenue Code to require employers and individuals to each make shared responsibility payments for HAPI plan premiums. Sets forth requirements for health insurance issuers offering a HAPI plan. Establishes the Healthy Americans Public Health Trust Fund for the payment of: (1) premium subsidies; and (2) bonuses to states for implementing medical malpractice reform. Terminates federal health benefits coverage, including coverage provided under the Federal Employees Health Benefits Program and the State Children's Health Insurance Program (SCHIP).
United States · United States Congress · 5 February 2009
Fraud Enforcement and Recovery Act of 2009 or FERA - Amends the federal criminal code to: (1) redefine "financial institution" to include a mortgage lending business; (2) define "mortgage lending business" for criminal law purposes; (3) prohibit false statements in mortgage applications by employees and agents of a mortgage lending business; (4) prohibit fraudulent activities related to the Troubled Assets Relief Program (TARP) or a federal economic stimulus, recovery, or rescue plan; (5) expand securities fraud provisions to include fraud involving options and futures in commodities; (6) expand, for purposes of money laundering provisions, the concept of monetary proceeds to include gross receipts; and (7) expand money laundering provisions to prohibit the movement of money outside of the United States to avoid taxes. Authorizes appropriations to the Attorney General for FY2010-FY2011 for investigations, prosecutions, civil proceedings involving federal assistance programs and financial institutions. Authorizes additional appropriations to the U.S. Postal Service and to the Inspector General for the Department of Housing and Urban Development (HUD) for similar investigations. Amends the False Claims Act to: (1) expand liability under such Act for making false or fraudulent claims to the federal government; and (2) repeal the requirement that false claims be presented to a government employee. Requires persons violating such Act to reimburse the federal government for the costs of a civil action to recover penalties or damages under such Act.
United States · United States Congress · 5 February 2009
Save Our Small and Seasonal Businesses Act of 2009 - Amends the Immigration and Nationality Act to extend for three years after the date of enactment of this Act the annual cap exemption for returning H-2B aliens (temporary nonagricultural worker). Provides that such amendment shall: (1) take effect as if enacted on December 1, 2008; and (2) apply only to petitions with an approved start date in FY2009-FY2011.
United States · United States Congress · 5 February 2009
Declares that: (1) time on a budget resolution may only be yielded back by consent; (2) no first degree amendment may be proposed after the 10th hour of debate on such legislation unless it has been submitted to the Journal Clerk before the expiration of such hour; (3) no second degree amendment may be proposed after the 20th hour of debate on a budget resolution unless it has been submitted to such Clerk before the expiration of the 20th hour; (4) the budget resolution shall be set aside for one calendar day, after up to 40 hours of debate, so that all filed amendments are printed and made available in the Congressional Record before debate continues; and (5) provisions contained in such measure or its amendments shall exclude programmatic detail not within the Senate Committee on the Budget's jurisdiction. Permits waiver or suspension of such requirements, or successful appeals from rulings of the Chair, only by an affirmative vote of three-fifths (60) of the Senate.
United States · United States Congress · 30 January 2009
Equal Justice for United States Military Personnel Act of 2009 - Amends the federal judicial code to allow for review by writ of certiorari of certain cases denied relief or review by the U.S. Court of Appeals for the Armed Forces.
United States · United States Congress · 30 January 2009
Repeals specified exceptions to rights of certain Department of Veterans Affairs (VA) employees to engage in collective bargaining. Requires a final decision of the VA with respect to the review of an adverse personnel action against a VA employee to be issued not later than 60 days after such action has been appealed. Subjects such decision to judicial review in the appropriate U.S. District Court or, if the decision is made by a labor arbitrator, in the U.S. Court of Appeals for the Federal Circuit.
United States · United States Congress · 30 January 2009
Ensuring Safe Facilities and Equipment for American Troops Overseas Act - Directs the Secretary of Defense, in order to ensure the safe utilization by the Armed Forces of expeditionary facilities, infrastructure, and equipment supporting U.S. military operations overseas, to certify to the congressional defense committees that: (1) generally accepted industry safety standards are incorporated into military regulations establishing requirements for such facilities, infrastructure, and equipment; (2) each contract or task or delivery order for the construction, installation, repair, maintenance, or operation of overseas expeditionary facilities incorporates such industry standards; and (3) such standards apply in all current and future U.S. military operations overseas.
United States · United States Congress · 29 January 2009
Susquehanna Gateway National Heritage Area Act - Establishes the Susquehanna Gateway National Heritage Area in Pennsylvania. Designates the Lancaster-York Heritage Region as the management entity for the Area. Requires the Lancaster-York Heritage Region to prepare and submit a management plan for the Area.
United States · United States Congress · 27 January 2009
Recognizes Andrew Wyeth as one of the most popular American artists of the twentieth century and the outstanding contributions of Andrew Wyeth to the art world.
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
Establishes a pilot program in certain U.S. district courts under which: (1) those district judges who request to hear cases involving patent or plant variety protection issues are designated by the chief judge to hear them; (2) such cases are randomly assigned to the district court judges, regardless of whether they are designated; (3) a judge not designated to whom such a case is assigned may decline to accept the case; and (4) a case so declined is randomly reassigned to one of those judges so designated.
United States · United States Congress · 21 January 2009
Amends the Internal Revenue Code to: (1) extend for one year the additional 50% depreciation allowance (bonus depreciation) for business property placed in service in 2009; (2) qualify motion picture film or video tape for bonus depreciation; and (3) extend through 2009 the increased ($250,000) expensing allowance for certain depreciable business assets.
United States · United States Congress · 21 January 2009
Amends the Internal Revenue Code to: (1) allow a five-year carryback of net operating losses for taxable years beginning or ending during 2007, 2008, or 2009; and (2) suspend the 90% alternative minimum tax limitation on carrybacks and carryovers of net operating losses in such years.
United States · United States Congress · 21 January 2009
Withholding Tax Relief Act of 2009 - Repeals provisions of the Tax Increase Prevention and Reconciliation Act of 2005 requiring federal, state, and local governmental entities to withhold 3% of payments due to vendors providing goods and services to such entities.
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
Fix Housing First Homebuyer Tax Credit Act - Amends the Internal Revenue Code to revise the tax credit for first-time homebuyers by: (1) eliminating the first-time homebuyer requirement (thus making such credit available to all homebuyers); (2) eliminating the repayment requirement for such credit except for resales of a principal residence, or failure to occupy such residence, at any time within three years of purchase; (3) exempting from the repayment requirement members of the Armed Forces who are ordered to relocate; (4) extending the period for purchasing a residence until December 31, 2009; (5) allowing taxpayers who purchase a residence before 2010 to claim such credit on either their 2008 or 2009 tax returns; (6) increasing the maximum amount of such credit and the adjusted gross income thresholds for reductions in the credit amount; (7) allowing taxpayers to transfer their anticipated credit amount to another individual for specified purposes, including making a downpayment on a portion of a purchase price of a principal residence; and (8) extending eligibility for the credit to taxpayers who purchase residences financed with state and local tax-exempt bonds.
United States · United States Congress · 12 January 2009
No Oil Producing and Exporting Cartels Act of 2009 or NOPEC - Amends the Sherman Act to declare it to be illegal and a violation of the Act for any foreign state or instrumentality thereof to act collectively or in combination with any other foreign state or any other person, whether by cartel or any other association or form of cooperation or joint action, to limit the production or distribution of oil, natural gas, or any other petroleum product (petroleum), to set or maintain the price of petroleum, or to otherwise take any action in restraint of trade for petroleum, when such action has a direct, substantial, and reasonably foreseeable effect on the market, supply, price, or distribution of petroleum in the United States. Denies a foreign state engaged in such conduct sovereign immunity from the jurisdiction or judgements of U.S. courts in any action brought to enforce this Act. States that no U.S. court shall decline, based on the act of state doctrine, to make a determination on the merits in an action brought under this Act. Authorizes the Attorney General to bring an action in U.S. district court to enforce this Act. Amends the federal judicial code to make an exception to the jurisdictional immunity of a foreign state in an action brought under this Act.
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 · 12 January 2009
Amends Rule XV (Amendments and Motions) of the Standing Rules of the Senate to make it out of order for a Senator to offer a second degree amendment to his or her own first degree amendment ("filling the tree").
United States · United States Congress · 9 January 2009
Steel Industry National Historic Site Act - Establishes the Steel Industry National Historic Site in Pennsylvania as a unit of the National Park System. Authorizes the Secretary of the Interior to acquire by donation specified property for inclusion within such Site. Requires the Secretary to prepare and submit to specified congressional committees a general management plan for the Site.
United States · United States Congress · 8 January 2009
SCAAP Reimbursement Protection Act of 2009 - Amends the Immigration and Nationality Act to compensate states for incarcerating undocumented aliens charged with a felony or two or more misdemeanors.
United States · United States Congress · 8 January 2009
Paycheck Fairness Act - Amends the portion of the Fair Labor Standards Act of 1938 (FLSA) known as the Equal Pay Act to revise remedies for, enforcement of, and exceptions to prohibitions against sex discrimination in the payment of wages. Revises the exception to the prohibition for a wage rate differential based on any other factor other than sex. Limits such factors to bona fide factors, such as education, training, or experience. States that the bona fide factor defense shall apply only if the employer demonstrates that such factor: (1) is not based upon or derived from a sex-based differential in compensation; (2) is job-related with respect to the position in question; and (3) is consistent with business necessity. Avers that such defense shall not apply where the employee demonstrates that: (1) an alternative employment practice exists that would serve the same business purpose without producing such differential; and (2) the employer has refused to adopt such alternative practice. Revises the prohibition against employer retaliation for employee complaints. Prohibits retaliation for inquiring about, discussing, or disclosing the wages of the employee or another employee in response to a complaint or charge, or in furtherance of a sex discrimination investigation, proceeding, hearing, or action, or an investigation conducted by the employer. Makes employers who violate sex discrimination prohibitions liable in a civil action for either compensatory or (except for the federal government) punitive damages. States that any action brought to enforce the prohibition against sex discrimination may be maintained as a class action in which individuals may be joined as party plaintiffs without their written consent. Authorizes the Secretary of Labor (Secretary) to seek additional compensatory or punitive damages in a sex discrimination action. Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination. Authorizes the Secretary to make grants to eligible entities for negotiation skills training programs for girls and women. Directs the Secretary and the Secretary of Education to issue regulations or policy guidance to integrate such training into certain programs under their Departments. Directs the Secretary to conduct studies and provide information to employers, labor organizations, and the general public regarding the means available to eliminate pay disparities between men and women. Establishes the Secretary of Labor's National Award for Pay Equity in the Workplace for an employer who has made a substantial effort to eliminate pay disparities between men and women. Amends the Civil Rights Act of 1964 to require the EEOC to collect from employers pay information data regarding the sex, race, and national origin of employees for use in the enforcement of federal laws prohibiting pay discrimination. Directs: (1) the Commissioner of Labor Statistics to continue to collect data on women workers in the Current Employment Statistics survey; (2) the Office of Federal Contract Compliance Programs to use specified types of methods in investigating compensation discrimination and in enforcing pay equity; and (3) the Secretary to make accurate information on compensation discrimination readily available to the public. Directs the Secretary and the Commissioner of the EEOC jointly to develop technical assistance material to assist small businesses to comply with the requirements of this Act.
United States · United States Congress · 8 January 2009
Expresses commitment to the welfare and survival of Israel as a Jewish and democratic state with secure borders and recognizes Israel's right to act in self-defense. Reiterates that Hamas must end the rocket and mortar attacks against Israel, recognize Israel's right to exist, renounce violence, and agree to accept previous agreements between Israel and the Palestinians. Encourages the President to work to support a sustainable cease-fire in Gaza that prevents Hamas from retaining or rebuilding the capability to launch rockets and mortars against Israel and allows for the long term improvement of daily living conditions for Gaza's people. States that all appropriate measures should be taken to diminish civilian casualties. Supports efforts to diminish the influence of extremists in the Palestinian territories. Reiterates support for U.S. government efforts to promote a just resolution of the Israeli-Palestinian conflict that leads to the creation of a viable and independent Palestinian state living in peace alongside a secure Israel.
United States · United States Congress · 7 January 2009
Child Protection Improvements Act of 2009 - Amends the National Child Protection Act of 1993 to direct the Attorney General to establish a program for national criminal history background checks for child-serving organizations. Amends the PROTECT Act to terminate the Child Safety Pilot Program on the date the program established under this Act is operating and able to enroll any organization using that Program. Requires the Attorney General to: (1) establish an applicant processing center to streamline the process of obtaining nationwide background checks; (2) enter into an agreement with the National Center for Missing and Exploited Children (NCMEC) to establish a criminal history resource center to provide child-serving organizations with reliable and accurate information for interpreting criminal histories; and (3) assess annually the compliance of state criminal background check programs with requirements of this Act. Sets forth the duties of applicant processing centers, procedures for requesting a nationwide criminal background check, and fee schedules for background checks. Grants individuals who are the subject of a background check the right to request full criminal history reports and to challenge the accuracy and completeness of such reports. Grants limited immunity to child-serving organizations and NCMEC for acts and omissions in obtaining or using criminal history background information. Prohibits unauthorized disclosure or use of criminal history records.