United States · United States Congress · 8 June 2009
Automobile Dealer Economic Rights Restoration Act of 2009 - Prohibits an automobile manufacturer (manufacturer) in which the federal government has an ownership interest, or which receives loans from the federal government, from depriving an automobile dealer (dealer) of its economic rights. Requires the manufacturer to honor those rights as they existed for Chrysler LLC and General Motors Corporation dealers prior to the commencement of the bankruptcy cases of each corporation, including dealer rights to recourse under state law. Requires the appropriate manufacturer to restore the franchise agreement between the dealers and Chrysler LLC or General Motors that was in effect prior to the commencement of their respective bankruptcy cases, and to take assignment of such agreements. States that nothing in this Act is intended to make null and void the transfer of substantially all the assets of such corporations.
United States · United States Congress · 8 June 2009
Amends the Internal Revenue Code to treat as corporations for income tax purposes certain publicly traded partnerships which directly or indirectly derive income or gain from providing services as an investment adviser (as defined by the Investment Advisers Act of 1940) or asset management services.
United States · United States Congress · 4 June 2009
Fixed Indexed Annuities and Insurance Products Classification Act of 2009 - Amends the Securities Act of 1933 to include within the class of securities exempt from its coverage any insurance or endowment policy or annuity contract or optional annuity contract: (1) whose value does not vary according to the performance of a separate account; and (2) which satisfies standard nonforfeiture laws or similar requirements of the applicable state, Territory, or District of Columbia at time of issue or, in the absence of applicable standard nonforfeiture laws or requirements, satisfies the Model Standard Nonforfeiture Law for Life Insurance or Model Standard Nonforfeiture Law for Individual Deferred Annuities, or any successor model law, as published by the National Association of Insurance Commissioners. Declares without force or effect Rule 151A promulgated by the Securities and Exchange Commission (SEC) on January 16, 2009, and entitled "Indexed Annuities and Certain Other Insurance Contracts."
United States · United States Congress · 4 June 2009
Reuniting Families Act - Amends the Immigration and Nationality Act (INA) to establish the fiscal year worldwide level of employment-based immigrants at 140,000 plus: (1) the previous year's unused visas; and (2) the number of unused visas from FY1992-FY2007. Establishes the fiscal year worldwide level of family-sponsored immigrants at 480,000 plus: (1) the previous year's unused visas; and (2) the number of unused visas from FY1992-FY2007. Revises the definition of "immediate relative" to: (1) mean a child, spouse, or parent of a U.S. citizen or lawful permanent resident (and for each family member of a citizen or resident, such individual's accompanying spouse or child), except that in the case of parents such citizens shall be at least 21 years old; (2) permit a widow or widower of a U.S. citizen or resident to seek permanent resident status if married at least two years at the time of the citizen's or resident's death or, if married less than two years, by showing through a preponderance of the evidence that the marriage was entered into in good faith and not solely to obtain an immigration benefit; and (3) include an alien who was the child or parent of a U.S. citizen or resident at the time of the citizen's or resident's death if the alien files a petition within two years after such date or prior to reaching 21 years old. Increases immigration visas for: (1) unmarried sons and daughters of U.S. citizens; and (2) brothers and sisters of U.S. citizens. Provides a 60,000 visa allocation for the unmarried sons and daughters of permanent resident aliens. Increases annual per country (10% of annual total) and dependent area (5% of annual total) limits for employment-based and family-sponsored immigrant visas. Expands specified family-unity exceptions to unlawful presence-based inadmissibility. Provides specified relief for orphans and spouses regarding: (1) petitions for immediate relative status; (2) parole eligibility; (3) permanent resident status adjustment; and (4) processing of immigrant visas. Filipino Veterans Family Reunification Act - Exempts children of naturalized Filipino World War II veterans from worldwide or numerical immigrant limitations. Makes a minor child of an alien fiancee/fiance or of an alien spouse of a U.S. citizen eligible for derivative K-visa status provided that the child's age is determined using such child's age at the date that the petition to classify such child's parent as a K-visa alien is filed with the Secretary of Homeland Security. Authorizes the Secretary or the Attorney General to adjust the status of a finacee/fiance or alien spouse and any minor children (K-visa) to conditional permanent resident status if such alien marries the petitioner within three months after U.S. admission. Redefines "child" for purposes of titles I and II of the Act to include a stepchild under 21 years old. (Current law includes a stepchild who has not reached 18 years old at the time the marriage creating the status of stepchild occurred.) Uniting American Families Act of 2009 - Amends INA to include a "permanent partner" within the scope of such Act. Defines "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, anyone 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 "permanent partnership" as the relationship existing between two permanent partners. Defines "alien permanent partner" as the individual in a permanent partnership who is being sponsored for a visa.
United States · United States Congress · 4 June 2009
Correction of Long-Standing Errors in Agencies' Unsustainable Procurements Act of 2009 or the CLEAN-UP Act - Requires executive agencies to ensure that: (1) inherently governmental functions, functions closely related to such functions, and mission-essential functions are performed by federal employees; (2) other functions are performed by the more efficient form of personnel, whether federal employees, contractors, or military personnel; and (3) consideration is given to using federal employees to perform new functions on a regular basis. Requires each agency head to submit to the Director of the Office of Management and Budget (OMB): (1) an annual report on service contracts for new work; (2) a Functions At Risk Report that describes those functions required to be performed by federal employees that are actually performed by contractors (requires agencies to reduce the total number of contractor employees described in that Report by 70% within six years); and (3) a strategic human capital plan to ensure the capability of the agency's federal employee workforce to perform agency functions. Prohibits an agency from conducting a public-private competition for any function that such plan identifies as experiencing a gap in its federal employee workforce. Requires agencies subject to the Federal Activities Inventory Reform Act of 1998 (other than the Department of Defense [DOD]) to: (1) submit an annual inventory of activities performed pursuant to contracts for services; (2) review those contracts and identify activities that should be considered for conversion to performance by civilian employees; and (3) develop a plan for such conversion by June 30 of the following year. Authorizes agency heads to expedite the hiring of certain professionals in shortage category positions. Requires the Director to: (1) develop guidelines for the establishment of business process re-engineering projects; and (2) conduct annual performance reviews of such projects that are ongoing. Sets forth revisions, requirements, and restrictions applicable to studies and public-private competitions for the conversion of agency functions to contractor performance pursuant to OMB Circular A-76.
United States · United States Congress · 4 June 2009
Prescription Coverage for Now Act of 2009 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act (SSA) to direct the Commissioner of Social Security, through certain information requests to the Secretary of the Treasury, to provide for the identification of individuals potentially eligible for low-income subsidies (LIS) and transmit them low-income subsidy applications if they are also part D eligible. Requires the Secretary of Health and Human Services, jointly with the Commissioner, to develop a model, simplified low-income subsidy application and process. Amends the Internal Revenue Code to require the Secretary of the Treasury, upon the Commissioner's request, to disclose tax return information to facilitate identification of individuals likely to be eligible for Medicare prescription drug program low-income subsidies. Entitles low-income subsidy beneficiaries to retroactive reimbursement for previously incurred covered drug costs. Prescribes requirements for enhanced oversight and enforcement relating to such reimbursements. Establishes an asset standard for LIS eligibility for 2011 of $27,500 (or $55,000 in the case of the combined value of the individual's assets or resources and the assets or resources of the individual's spouse), increased in subsequent years by the annual percentage increase in the consumer price index. Exempts retirement benefits from resources under the LIS programs. Increases the income eligibility to 150% of the federal poverty level (FPL) for full benefits and 200% of the FPL for partial benefits under the LIS program. Authorizes indexing of deductible and cost-sharing above the annual out-of-pocket threshold for individuals with incomes below 200% of FPL. Prohibits the treating of LIS premium and cost-sharing subsidies as benefits, or otherwise taking them into account, in determining an individual's eligibility for, or amount of benefits under, any other federal program. Requires individuals eligible for Medicare Savings Programs to be deemed subsidy eligible individuals under LIS. Establishes a special enrollment period for subsidy eligible individuals under LIS.
United States · United States Congress · 4 June 2009
Amends the Burmese Freedom and Democracy Act of 2003 to renew, for three years, the President's authority to ban the import of Burmese products. Approves the renewal of certain import restrictions contained in the Act. Deems this resolution a renewal resolution which shall take effect upon its enactment or July 26, 2009, whichever occurs first.
United States · United States Congress · 4 June 2009
Supports the goals of National Dairy Month (June). Recognizes the dairy industry's important role in the economic and nutritional well being of Americans. Commends dairy farmers for their hard work and commitment to the U.S. economy and to the preservation of open space.
United States · United States Congress · 4 June 2009
Offers the condolences of the House of Representatives to the family of Dr. George Tiller. Declares that the House commits to the American principle that tolerance must always be superior to intolerance, and that violence is never an appropriate response to a difference in beliefs.
United States · United States Congress · 4 June 2009
Recognizes that: (1) the current payment mechanisms for Federally-Qualified Health Centers in Medicaid, the Children's Health Insurance Program (CHIP, formerly known as SCHIP), and Medicare are essential to assuring access to quality, affordable, primary, and preventive care servies; and (2) any expansion of private insurance must include mechanisms to ensure the full participation of, and appropriate reimbursement to, such Centers to ensure adequate access to care for the medically underserved and disenfranchised. Expresses the sense of Congress that: (1) everyone should have the choice of a community health center as their health care home and every center should be appropriately reimbursed for the care it provides; and (2) health care reform should include measures to expand community health centers.
United States · United States Congress · 2 June 2009
Choice in Health Options Insures Care for Everyone (CHOICE) Act of 2009 - Establishes the American Trust Health Plan to offer eligible individuals health benefits coverage. Requires the Plan to comply with all requirements that are applicable with respect to other health benefit plans to be offered through a National Health Insurance Exchange. (The Exchange has not yet been established.) Exempts the Plan from state insurance regulations. Treats enrollment with the Plan as satisfying any requirement under federal law for the individual to demonstrate enrollment in health insurance or benefits coverage. Sets forth provisions regarding administration of the Plan. Requires the Plan to be financially self-sustaining insofar as funds to operate the Plan shall be derived from premiums of individuals enrolled under the Plan. Makes the Plan eligible to accept subsides to the same extent as other health benefit plans offered through an Exchange. Prohibits significant changes to the Plan without public notice. Conditions a health care provider's continued participation in the Medicare program on participation in the American Trust Health Plan. Sets payment for health care providers under the Plan at 105% of the payment rates under Medicare. Requires the Administrator of the Plan to set the benefit level and the premiums.
United States · United States Congress · 21 May 2009
Homeowners' Defense Act of 2009 - Establishes the National Catastrophe Risk Consortium as a nonprofit, nonfederal entity to: (1) maintain an inventory of catastrophe risk obligations held by state reinsurance funds, state residual insurance market entities, and state-sponsored providers of natural catastrophe insurance; (2) issue, on a conduit basis, securities and other financial instruments linked to catastrophe risks insured or reinsured through Consortium members; (3) coordinate reinsurance contracts; (4) act as a centralized repository of state risk information accessible by certain private-market participants; and (5) establish a database to perform research and analysis that encourages standardization of the risk-linked securities market. Authorizes the Secretary of the Treasury to guarantee holders of debt against loss of principal or interest, or both, on any such debt issued by eligible state programs for purposes of promoting the availability of private capital to provide liquidity and capacity to state catastrophe insurance programs and expediting the payment of claims under such programs and better assist the financial recovery from significant natural catastrophes. Provides separate limits on the total principal amount of such obligations for programs that cover earthquake peril and those that cover all other perils. Directs the Secretary to make contracts for reinsurance coverage available for purchase by eligible state programs. Provides pricing guidelines and a limit on aggregate potential federal liability. Establishes a Federal Natural Catastrophe Reinsurance Fund in the Treasury to be funded by amounts received from the sale of reinsurance coverage contracts, amounts appropriated for liability for claims payment, and earnings on investments. Directs the Secretary of Housing and Urban Development (HUD) to establish and carry out a program of grants to eligible entities to develop, enhance, or maintain programs to prevent and mitigate losses from natural catastrophes. Requires a study of the need for and impact of expanding the programs established by this Act to apply to insured losses of eligible state programs for losses arising from commercial insurance policies that provide coverage for properties composed predominantly of residential rental units.
United States · United States Congress · 21 May 2009
Gender Equity in Health Premiums Act - Amends the Public Health Service Act and the Internal Revenue Code to prohibit a group health plan from requiring any individual to pay a premium or contribution which is greater than that for a similarly situated individual enrolled in the plan on the basis of the gender of such individual or such individual's dependent. Applies such prohibition to individual health insurance coverage. Directs the Comptroller General to evaluate enforcement of group and individual health insurance market rules.
United States · United States Congress · 21 May 2009
Upper Connecticut River Partnership Act - Directs the Secretary of the Interior to establish a Connecticut River Grants and Technical Assistance Program to provide grants and technical assistance to the governments of New Hampshire and Vermont, local governments, nonprofits, and the private sector to carry out projects for the conservation, restoration, and interpretation of historic and other resources in the upper Connecticut River watershed. Limits to a maximum of 75% the federal share of the cost of any project funded by a grant under this Act.
United States · United States Congress · 21 May 2009
Tax Equity for Health Plan Beneficiaries Act of 2009 - Amends the Internal Revenue Code to: (1) exclude from an employee's gross income employer-provided accident and health plan benefits extended to a domestic partner or non-dependent, non-spouse beneficiary eligible to receive such benefits under an employer plan (i.e., "eligible beneficiary"); (2) exempt such benefits paid to eligible beneficiaries from applicable employment and unemployment taxes; (3) allow self-employed individuals a tax deduction for the health insurance costs of their eligible beneficiaries; (4) allow tax-exempt volutary employees' beneficiary associations to provide sick and accident benefits to the domestic partners and non-dependent, non-spouse beneficiaries of their members; and (5) allow reimbursement of the medical expenses of an eligible beneficiary from a health savings account (HSA). Directs the Secretary of the Treasury to provide guidance relating to reimbursements from a flexible spending arrangement and a health reimbursement arrangement attributable to an eligible beneficiary as defined by this Act.
United States · United States Congress · 21 May 2009
Latin America Military Training Review Act - Directs the Secretary of the Army to suspend operation of the Western Hemisphere Institute for Security Cooperation (Institute). Suspends the authority of the Secretary of Defense to operate such an education and training facility until submission of a report containing the results of an investigation in response to violations of human rights to which training at such Institute contributed. Establishes: (1) a joint congressional task force to assess appropriate education and training for DOD to provide to military personnel of Latin American nations; and (2) a commission to investigate activities of the United States Army School of the Americas and its successor institution, the Institute.
United States · United States Congress · 21 May 2009
Authorizes the award of a single Congressional Gold Medal to collectively honor the American soldiers who were prisoners of war at Bataan/Corregidor/Luzon during World War II, in recognition of their personal sacrifice and service to their country. Provides for the Medal's display at the Smithsonian Institution. Expresses the sense of Congress that the Medal should be made available for display elsewhere, particularly at locations associated with those who fought in defense of Bataan/Corregidor/Luzon and the prisoners of war.
United States · United States Congress · 21 May 2009
Consumer Assistance to Recycle and Save Act - Establishes in the National Highway Traffic Safety Administration (NHTSA) a Cash for Clunkers Temporary Vehicle Trade-in Program through which the Secretary of Transportation shall: (1) authorize the issuance of an electronic voucher to offset the purchase or lease price for a new fuel efficient automobile upon the surrender of an eligible trade-in vehicle to a participating dealer; (2) certify dealers for Program participation; (3) make payments to them for vouchers they accept between March 30, 2009, and April 1, 2010; (4) provide for the payment of rebates to qualifying persons; and (5) establish and provide for the enforcement of measures to prevent and penalize fraud under the Program. Prescribes requirements, including combined fuel economy, for $3,500 and $4,500 vouchers to offset the purchase or lease price for a qualifying passenger automobile or truck. Limits the number of vouchers to one per customer, including joint registered owners of a single eligible trade-in vehicle. Requires a dealer to certify that each eligible trade-in vehicle: (1) will be crushed or shredded, or transferred to an entity that will ensure it will be crushed or shredded, within the period of the Program; and (2) has not been, and will not be, sold, leased, exchanged, or otherwise disposed of for use as an automobile in the United States or in any other country. Makes any person who purchased or leased a new fuel efficient vehicle after March 30, 2009, and before the enactment of this Act eligible for a cash rebate equivalent to the appropriate voucher amount. Prescribes standards which any regulations issued by the Secretary for the Program must meet. Makes it unlawful for any person to violate this Act or any regulations issued under it, particularly by fraud. Prescribes civil penalties for any such violation. Directs the Secretary to make Program information available on an Internet website and through other means.
United States · United States Congress · 21 May 2009
Independence at Home Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to authorize voluntary Independence at Home chronic care coordination pilot programs for high-cost Medicare beneficiaries with multiple chronic conditions under the traditional Medicare fee-for-service program.
United States · United States Congress · 21 May 2009
Working for Adequate Gains for Employment in Services Act or WAGES Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to establish a base minimum wage for tipped employees of at least: (1) $3.75 an hour beginning 90 days after the enactment of this Act; (2) $5.00 an hour beginning July 1, 2011; and (3) beginning on July 1, 2012, and adjusted as necessary thereafter, 70% of the wage in effect under FLSA but in no case less than $5.50 an hour.
United States · United States Congress · 20 May 2009
Domestic Partnership Benefits and Obligations Act of 2009 - Provides that a federal employee and his or her domestic partner shall be entitled to benefits available to, and shall be subject to obligations imposed upon, a married federal employee and his or her spouse. Defines "domestic partner" to mean an adult unmarried person living with another adult unmarried person of the same sex in a committed, intimate relationship. Defines "benefits" to include federal health insurance and enhanced dental and vision benefits, retirement and disability benefits, family, medical, and emergency leave, group life insurance, long-term care insurance, compensation for work injuries, and benefits for disability, death, or captivity. Excludes members of the uniformed services from the definition of "employee." Sets forth requirements for filing: (1) an affidavit of eligibility as such a domestic partner, which shall include a certification that the employee and the domestic partner are each other's sole domestic partners and intend to remain so indefinitely; and (2) a statement upon dissolution of such a domestic partnership.
United States · United States Congress · 20 May 2009
Blueprint for Health Act of 2009 - Requires the Secretary of Health and Human Services (HHS) to create the Blueprint for Health program to provide a national infrastructure for disease prevention, health promotion, and education about, and better management of, chronic conditions. Sets forth elements to be included in the Blueprint, including: (1) a strategic plan for designing an integrated medical home model of care; (2) chronic management programs; (3) incentives for the prevention of chronic diseases, including investments in health and sustainable local and regional food systems; and (4) a plan for the assessment of current health information technology initiatives. Requires the Secretary to convene an executive committee to advise the Secretary on the creation and implementation of the Blueprint for Health. Requires the Blueprint for Health to promote the effective, efficient, national use of health care information technology initiatives. Directs the Secretary to commission an assessment that examines the implementation of the health information technology provisions of the American Recovery and Reinvestment Act of 2009. Requires the Secretary to recommend to Congress legislation to implement the Blueprint for Health, including the establishment of programs designed to enhance primary care, promote multidisciplinary care coordination, prevent disease, improve quality, contain costs, more effectively manage chronic illness, and promote good health and prevention initiatives.
United States · United States Congress · 20 May 2009
National Infrastructure Development Bank Act of 2009 - Establishes the National Infrastructure Development Bank as a wholly owned government corporation. Makes the Bank's Board of Directors responsible for monitoring and overseeing energy, environmental, telecommunications, and transportation infrastructure projects. Authorizes the Board to: (1) issue public benefit bonds and provide direct subsidies to infrastructure projects; (2) borrow on the global capital market and lend to entities and commercial banks for funding infrastructure projects; and (3) purchase, pool, and sell infrastructure-related loans and securities on such market. Requires the Board to establish criteria for determining project eligibility for financial assistance under this Act. Sets forth the duties of the Bank's executive committee and audit committee. Requires the Bank to establish a risk management committee, which shall: (1) create financial, credit, and operational risk management guidelines for the Bank; (2) set standards to ensure diversification of lending activities by both region and infrastructure project type; and (3) create conforming standards for infrastructure finance securities. Exempts all notes, debentures, bonds or other such obligations issued by the Bank, and the interest on or credits with respect to such bonds or other obligations, from state or local government taxation. Terminates the Bank after 15 years.
United States · United States Congress · 19 May 2009
Puerto Rico Democracy Act of 2009 - Authorizes the government of Puerto Rico: (1) to conduct a plebiscite giving voters the option to vote to continue Puerto Rico's present political status or to have a different political status; (2) if a majority of ballots favor continuing the present status, to conduct additional such plebiscites every eight years; and (3) if a majority of ballots favor having a different status, to conduct a plebiscite on the options of becoming fully independent from the United States, forming with the United States a political association between sovereign nations that will not be subject to the Territorial Clause of the Constitution, or being admitted as a state of the Union. Prescribes the eligibility requirements for voting in the plebiscite. Requires the Puerto Rico State Elections Commission to certify plebiscite results to the President and Congress.
United States · United States Congress · 19 May 2009
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to include among individuals eligible for public safety officers' death benefits nongovernmental employees and volunteers: (1) of a fire department, ground or air ambulance service, or first responder or rescue squad that is licensed or recognized by a state or local government; and (2) who perform official duties serving the public in fire suppression, rescue, or emergency medical and ambulance services.
United States · United States Congress · 19 May 2009
Truth in Fur Labeling Act of 2009 - Amends the Fur Products Labeling Act to: (1) eliminate the exemption to fur labeling requirements for products containing relatively small amounts of fur; and (2) permit states to enforce more restrictive labeling requirements. Directs the the Federal Trade Commission (FTC), in the Fur Products Name Guide, to replace the term "Raccoon, Asiatic" with "Dog, Raccoon."
United States · United States Congress · 19 May 2009
Ski Area Recreational Opportunity Enhancement Act of 2009 - Amends the National Forest Ski Area Permit Act of 1986 to require the term and acreage of permits for the operation of ski areas and associated facilities (under current law, for the operation of nordic and alpine ski areas and facilities) on National Forest System lands to be governed by provisions under the Act relating to such permits and other applicable law. Provides for the issuance of permits for the use and occupancy of suitable lands within the National Forest System for skiing and other snow-sports and such other seasonal or year-round recreational activities associated with mountain resorts as the Secretary of Agriculture may authorize pursuant to this Act. Allows the Secretary to authorize the holder of a permit issued pursuant to the Act to also provide on National Forest System land subject to such permit such other seasonal or year-round natural-resource based, outdoor-developed recreational activities and associated facilities, in addition to skiing and other snow-sports, as determined appropriate. Prohibits the Secretary from authorizing any activity or facility under this Act if its authorization would result in the primary recreational purpose of a National Forest System land with a ski area permit being a purpose other than skiing or any other snow-sport.
United States · United States Congress · 19 May 2009
Lord's Resistance Army Disarmament and Northern Uganda Recovery Act of 2009 - Directs the President to submit to the appropriate congressional committees a regional strategy to guide U.S. support for multilateral efforts to eliminate the threat to civilians and regional stability posed by the Lord's Resistance Army (LRA) and to enforce the rule of law and ensure full humanitarian access in LRA-affected areas. Authorizes the President to provide assistance to respond to the humanitarian needs of populations in northeastern Congo, southern Sudan, and Central African Republic affected by LRA activity. Expresses the sense of Congress that the Secretary of State and Administrator of the United States Agency for International Development (USAID) should work with the appropriate congressional committees to increase future assistance to Uganda if the government of Uganda demonstrates a commitment to reconstruction in war-affected areas of northern and eastern Uganda. Expresses the sense of Congress that the President should support efforts by the people of northern Uganda and the government of Uganda to: (1) promote local and national reconciliation including mechanisms outlined in the Annexure to the Agreement on Accountability and Reconciliation between the government of Uganda and the LRA; and (2) assist internally displaced people, establish mechanisms for the demobilization and reintegration of former combatants, and enhance the competency of local institutions including the police.
United States · United States Congress · 15 May 2009
Net Operating Loss (NOL) Carryback Act - Amends the Internal Revenue Code to allow a five-year carryback of net operating losses, including the operating losses of life insurance companies, incurred in 2008 and 2009. Denies such extended loss carryover period to: (1) taxpayers in whom the federal government acquires an equity interest under the Emergency Economic Stabilization Act of 2008; (2) the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac); and (3) members of certain affiliated groups.
United States · United States Congress · 14 May 2009
Prevent Unfair Manipulation of Prices Act of 2009 - Amends the Commodity Exchange Act to cover: (1) energy transactions; and (2) coal, crude oil, gasoline, electricity (except financial transmission rights subject to the Federal Energy Regulatory Commission [FERC]), natural gas, and any substance used as a source of energy (other than an excluded commodity, a metal, or an agricultural commodity). Extends the regulatory authority of the Commodities Futures Trading Commission (CFTC) to swap transactions in: (1) energy commodities; (2) energy transactions; and (3) energy transactions on foreign boards of trade. Prohibits the CFTC from exempting energy transactions from futures trading regulation, unless certain notice and public comment requirements are observed. Requires the CFTC to fix limits upon the aggregate number of energy transaction positions held by any person for each month across all markets subject to its jurisdiction. Grants the CFTC exclusive authority to grant exemptions from position limits imposed upon energy transactions for bona fide hedging transactions and positions. Requires the CFTC to disaggregate and publicize specified market data with respect to index traders and swap dealers and the identity of holders of positions in indexes in excess of position limits. Empowers the CFTC to set limits to prevent excessive speculation in indexes. Amends the Inspector General Act of 1978 with respect to the CFTC Inspector General. Excludes from CFTC jurisdiction certain derivative transactions, swap transactions, and transactions in exempt commodities which settle and clear through a derivatives clearing organization registered with the CFTC. Prescribes requirements for alternatives to clearing through designated clearing organizations. Specifies requirements for eligibility to purchase credit default swaps. Requires the CFTC to charge and collect transaction fees from clearing organizations. Amends the Natural Gas Act and the Natural Gas Policy Act of 1978 to: (1) grant the Federal Power Commission (FPC) and FERC cease and desist authority regarding violations; and (2) instruct the FPC to establish a refund effective date for an initiated proceeding. Grants the CFTC oversight authority over carbon derivatives markets.
United States · United States Congress · 14 May 2009
Agricultural Job Opportunities, Benefits, and Security Act of 2009 or the AgJOBS Act of 2009 - Directs the Secretary of Homeland Security (DHS) to confer "blue card status" upon an alien who: (1) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2008, or earned at least $7,500 from U.S. agricultural employment; (2) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; (3) is otherwise admissible to the United States; and (4) has not been convicted of any felony or a misdemeanor, an element of which involves bodily injury, threat of serious bodily injury, or harm to property in excess of $500. Limits the number of blue cards that may be issued during the five-year period beginning on the date of the enactment of this Act. Directs the Secretary to adjust a blue card alien (and spouse and minor children) to permanent resident status if the alien has fulfilled specified periods of agricultural employment. Amends the Social Security Act to exempt blue card aliens from prosecution for social security-related identity or payment false statements if such conduct occurred prior to the granting of blue card status. Amends the Immigration and Nationality Act to revise H-2A visa (agricultural labor or temporary or seasonal services) provisions. Replaces the existing labor certification requirement with a labor attestation requirement containing: (1) a description of the nature and location of the job; (2) the job's expected beginning and ending dates; (3) the number of jobs; and (4) specified labor assurances respecting job opportunities covered by collective bargaining agreements and non-covered job opportunities.
United States · United States Congress · 14 May 2009
Consumer Price Index for Elderly Consumers Act of 2009 - Directs the Bureau of Labor Statistics of the Department of Labor to prepare and publish a monthly Consumer Price Index for Elderly Consumers (CPI) that indicates changes over time in expenditures for consumption which are typical for individuals aged 62 years of age or older. Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) to use such new CPI in the computation of cost-of-living increases for Social Security benefits.
United States · United States Congress · 14 May 2009
Medicare Diabetes Self-Management Training Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to provide for the recognition of state-licensed or -registered health care professionals who are certified diabetes educators as Medicare providers of diabetes outpatient self-management training services. Directs the Comptroller General to study and report to Congress on the barriers that exist for Medicare beneficiaries with diabetes in accessing diabetes self-management training services under the Medicare program. Directs the Director of the Agency for Health Care Research and Quality to develop a series of recommendations on effective outreach methods to educate primary care physicians and the public about the benefits of diabetes self-management training.
United States · United States Congress · 14 May 2009
Medicare Ambulance Access Preservation Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to increase to 6% permanently the rate of increase in the fee schedule for ground ambulance services furnished on or after January 1, 2010, in rural and urban areas. Makes permanent the increase in the base rate of the fee schedule the Secretary of Health and Human Services is required to make for a trip in the case of ground ambulance services furnished on or after July 1, 2004, (and beyond January 1, 2010) for which the transportation originates in a qualified low population density rural area.
United States · United States Congress · 14 May 2009
Directs the Secretary of Defense to submit a report to Congress, by December 31, 2009, outlining the exit strategy for U.S. military forces in Afghanistan participating in Operation Enduring Freedom.
United States · United States Congress · 13 May 2009
Currency Reform for Fair Trade Act - Amends the Tariff Act of 1930 to require the administering authority to: (1) determine, based on certain requirements, whether the exchange rate of the currency of an exporting country is fundamentally and actionably undervalued or overvalued (misaligned) against the U.S. dollar for an 18-month period; and (2) take certain actions under a countervailing duty or antidumping duty proceeding to offset such misalignment in cases of an affirmative determination. Subjects the misalignment to the U.S. dollar of the currency of nonmarket economy countries also to the countervailing and antidumping duty provisions of the Act.
United States · United States Congress · 13 May 2009
Credit Card Interchange Fees Act of 2009 - Amends the Truth in Lending Act to prohibit specified electronic payment system network practices, including the imposition of: (1) additional charges on merchants and consumers for premium payment cards; (2) certain restrictions on merchants, including chargebacks for transactions on point of sale terminals that exceed the allowable amount on such devices; (3) restrictions upon network routing; (4) any requirement to meet a minimum number of transactions in any period; or (5) fees or a related adverse action for failure of the merchant to meet such a minimum transactions requirement. Requires an electronic payment system network to disclose its contract terms to the merchant, including its complete operating rules, without restricting the merchant's use of such information. Directs the Federal Trade Commission (FTC) to prescribe regulations to: (1) ensure that the rules, terms, and conditions to which a merchant or consumer is subject under an agreement with an electronic payment system network are neither unfair nor deceptive to consumers and merchants, nor anticompetitive; (2) prohibit any unfair or deceptive act or practice or anticompetitive act or practice that may result from such rule, term, or condition; and (3) regularly review such rules, terms, and conditions. Directs the Board of Governors of the Federal Reserve System to collect and disseminate to the public: (1) complete information on fees charged by each electronic payment system network in connection with consumer-initiated transactions; and (2) the rules, terms, and conditions to which a merchant or a consumer is subject under an agreement with an electronic payment system network for transactions using payment cards.
United States · United States Congress · 12 May 2009
Directs the Administrator of the Environmental Protection Agency (EPA), by September 30 of each calendar year 2012-2030, to distribute among the states 1.5% of the emission allowances that the Administrator has established for the year. Requires the Administrator to distribute emission allowances among the states ratably each year, based on the ratio of: (1) the carbon content of home heating oil and propane sold to consumers within each state in the preceding year for residential or commercial purposes; to (2) the carbon content of home heating oil and propane sold that year for such purposes throughout the United States. Directs each state receiving emission allowances to sell them within one year of receipt, either directly or through consignment to the Administrator for auction. Requires any emission allowances that are not sold within one year of receipt to be returned to the Administrator, who shall distribute them to the remaining states ratably in accordance with the formula. Requires states to use the proceeds from such sales exclusively for the benefit of consumers of home heating oil or propane for residential or commercial purposes, particularly: (1) cost-effective energy efficiency programs; or (2) rebates or other direct financial assistance programs for them.
United States · United States Congress · 12 May 2009
Small Business Health Options Program Act of 2009 or the SHOP Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services to designate an office within the Department of Health and Human Services (HHS) to administer a health insurance program for small businesses and self-employed individuals to purchase health insurance coverage meeting certain requirements. Establishes a Small Business Health Board to monitor the implementation of the program and make recommendations for improvements. Requires the Administrator of the program to: (1) enter into contracts with health insurance issuers to provide health insurance coverage under this Act; and (2) enter into agreements with entities to serve as navigators to provide information about the program, provide referrals to applicable agencies for any grievance, complaint, or question, and assist in enrollment. Requires a participating employer to ensure that each eligible employee has an opportunity to enroll in a plan. Sets forth requirements for health plans offered under this Act. Requires the Administrator to contract with the National Association of Insurance Commissioners to study: (1) the rating requirements that apply to health insurance purchased in the small group markets in the states and to develop recommendations concerning rating requirements; and (2) the administrative procedures that apply to the program and to health insurance purchased in the small group markets in states. Sets forth premium-setting rules for plans under this Act. Allows a state to prohibit participation in this program if the state offers alternative health benefit plans. Amends the Internal Revenue Code to allow a tax credit for small employers for qualified employee health insurance expenses under this Act.
United States · United States Congress · 12 May 2009
Preserving Patient Access to Primary Care Act of 2009 - Amends the Higher Education Act of 1965 to authorize the Secretary of Education to award recruitment incentive grants or contracts to graduate medical schools to enable them to improve primary care education and training for medical students. Amends the Public Health Service Act (PHSA) to direct the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration, to: (1) award grants to critical shortage health facilities to enable them to provide scholarships to individuals who agree to serve as physicians at such facilities after completing a residency in a primary care field; (2) establish an educational loan repayment program for individuals who agree to serve as primary care physicians or primary care providers (including nurse practitioners) in an area that is not a health professional shortage area but has a critical shortage of such physicians or providers; and (3) establish an educational loan repayment program for individuals who agree to serve as physicians in the field of obstetrics and gynecology or as certified nurse midwives in an area that is not a health professional shortage area. Amends the Higher Education Act of 1965 to provide for deferment of education loans during medical residency and internships in a primary care field. Amends the PHSA to direct the Secretary to award grants to eligible state and local government entities for the development of informational materials that promote careers in primary care. Amends the PHSA to extend the authorization of appropriations for training in a family medicine, general internal medicine, general geriatrics, general pediatrics, physician assistance, general dentistry, and pediatric dentistry Authorizes increased appropriations for the national health service corps scholarships and loan repayment programs. Amends title XIX (Medicaid) of the Social Security Act (SSA) to allow the use of Medicaid transformation payments for methods for improving medical assistance under Medicaid and SSA title XXI (Children's Health Insurance Program) (CHIP, formerly known as SCHIP) by encouraging certain medical practices to qualify as patient centered medical homes. Amends SSA title XVIII (Medicare) to: (1) increase budget neutrality limits under the physician fee schedule to account for anticipated savings resulting from payments for certain services and the coordination of beneficiary care; and (2) require a separate Medicare payment for designated primary care services and comprehensive care coordination services. Amends SSA title XVIII to cover patient-centered medical home services. Directs the Secretary to develop a methodology to increase payments for designated evaluation and management services provided by primary and principal care providers. Requires: (1) additional incentive payments for primary care services furnished in health professional shortage areas; (2) permanent extension of the floor on the Medicare work geographic adjustment under the physician fee schedule; and (3) permanent extension of the Medicare incentive payment program for physician scarcity areas. Directs the Secretary to study and report to Congress on the process for determining relative value under the Medicare physician fee schedule. Eliminates cost sharing for preventive benefits and the time restriction for initial preventive physical examination. Directs the Secretary to study and report to Congress on: (1) facilitating the receipt of Medicare preventive services by Medicare beneficiaries; (2) increasing the ability of physicians and primary care providers to assist Medicare beneficiaries in obtaining needed prescriptions under Medicare part D (Voluntary Prescription Drug Benefit Program); and (3) developing and implementing mechanisms to promote and increase interaction between physicians or primary care providers and the families of Medicare beneficiaries, as well as other caregivers who support such beneficiaries, for the purpose of improving patient care under the Medicare program. Requires additional payments to physicians for services to individuals with limited English proficiency (LEP). Requires various specified studies. Directs the Medicare Payment Advisory Commission (MEDPAC) to provide an ongoing assessment of the impact of changes in Medicare payment policies in improving access to and equity of payments to primary care physicians and primary care providers. Authorizes distribution of additional residency positions and the counting of resident time in certain outpatient settings. Establishes rules for counting resident time in a nonhospital setting primarily engaged in furnishing patient care in non-patient care activities, such as didactic and scholarly activities and other activities (but not research not associated with the treatment or diagnosis of a particular patient). Authorizes redistribution of residency slots after a hospital closes or is acquired by another entity with the approval of a bankruptcy court. Directs the Secretary to revise the 9th Statement of Work under the Quality Improvement Program to include a requirement that, in order to be an eligible Quality Improvement Organization (QIO) for the 9th Statement of Work contract cycle, a QIO provide assistance, including technical assistance, to physicians under the Medicare program that seek to acquire the elements necessary to be recognized as a patient centered medical home practice under the National Committee for Quality Assurance's Physician Practice Connections -- PCMH module.
United States · United States Congress · 7 May 2009
Bureau of Alcohol, Tobacco, Firearms, and Explosives Reform and Firearms Modernization Act of 2009 - Amends the federal criminal code to revise the civil penalties for violations of firearms law and the procedures for assessing such penalties. Requires fines to be based upon the nature and severity of the violation, the size of the firearms business involved, and the prior record of the firearm's licensee. Prohibits consideration of the amount of fines or license revocations imposed by agents of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) in the retention, promotion, or transfer of such agents. Revises the definition of "willfully" for purposes of firearms violations and standards for criminal violations of firearms recordkeeping requirements. Requires the Attorney General to: (1) make preliminary determinations on firearms license applications and notify applicants in writing of a proposed denial; and (2) establish guidelines for ATF inspections, examinations, or investigations of possible firearms violations. Permits an owner of a firearms business whose license is expired, surrendered, or revoked 60 days to liquidate inventory. Allows purchasers of existing firearms businesses the right to cure firearms violations attributable to such businesses. Allows the transfer, possession, and importation of machineguns for industry testing, research and training, national security services, and motion picture or television production. Eliminates the requirement of written permission for the use of a handgun for lawful purposes by a minor (under age 18) where a parent or legal guardian is present at all times during such use. Prohibits the Attorney General from electronically retrieving inactive firearms licensee information by name or personal identification code. Directs the Attorney General to authorize the importation of all frames or receivers of rifles, or barrels for firearms other than handguns, if the importation is for repair or replacement purposes.
United States · United States Congress · 6 May 2009
Internet Gambling Regulation, Consumer Protection, and Enforcement Act - Grants the Secretary of the Treasury regulatory and enforcement jurisdiction over the Internet Gambling Licensing Program established by this Act. Prescribes administrative and licensing requirements for Internet betting. Prohibits any person from operating an Internet gambling facility that knowingly accepts bets or wagers from persons located in the United States without a license issued by the Secretary. Requires the Secretary to assess: (1) fees against licensee institutions to cover the cost of administering this Act; and (2) specified civil money penalties upon licensees or other persons for willful violation of this Act or related regulations. Cites safeguards required of licensees, including: (1) tax collection related to Internet gambling; (2) safeguards against fraud, money laundering, and terrorist finance; and (3) safeguards to combat compulsive Internet gambling. Requires the Secretary and any qualified state or tribal regulatory body to prescribe regulations for: (1) development of a Problem Gambling, Responsible Gambling, and Self-Exclusion Program; (2) a list of persons self-excluded from gambling activities at licensee sites; and (3) a program to alert the public to the existence, consequences, and availability of the self -exclusion list. Prohibits a person who is prohibited from gambling with a licensee from collecting any winnings, or recovering any losses that arise as a result of prohibited gambling activity. Shields a financial transaction provider from liability for engaging in financial activities and transactions on behalf of a licensee, or involving a licensee, if such activities are in compliance with federal and state laws. Permits states and Indian tribal authorities to opt-out of Internet gambling activities within their respective jurisdictions. Prohibits electronic cheating devices. Subjects violators of this Act to civil and criminal penalties.
United States · United States Congress · 6 May 2009
Savings for Working Families Act of 2009 - Allows certain low-income individuals between age 18 and 61 to establish tax-exempt individual development accounts (IDAs) to pay for certain qualified expenses, including education expenses, first-time homebuyer costs, and business capitalization or expansion costs. Sets forth rules for the establishment, maintenance, and termination of IDAs. Permits tax-free withdrawals from IDAs for qualified expenses, but requires IDA beneficiaries to complete one or more financial education courses prior to making an IDA withdrawal. Allows certain financial institutions, tax-exempt organizations, and Indian tribes to sponsor and administer IDAs. Amends the Internal Revenue Code to allow such entities a business-related tax credit for the cost of administering IDAs and for making matching contributions to IDAs in parallel accounts. Provides that IDA amounts shall be disregarded for purposes of determining eligibility for assistance under certain means-tested federal programs.
United States · United States Congress · 6 May 2009
Reasonable Prudence in Regulation Act - Extends from December 1, 2009, to December 1, 2010, the deadline for compliance with specified regulations prohibiting the funding of unlawful Internet gambling (Regulation GG).
United States · United States Congress · 6 May 2009
Expresses support for the goals and ideals of National Women's Health Week. Recognizes the importance of: (1) preventing diseases that commonly affect women; and (2) federally funded programs that provide research and collect data on common diseases in women. Calls on women to observe National Women's Check-Up Day by receiving preventive screenings.
United States · United States Congress · 5 May 2009
Surviving Spouses' Benefit Improvement Act of 2009 - Increases the monthly rates of veterans' dependency and indemnity compensation payable to surviving spouses through the Department of Veterans Affairs (VA). Prohibits benefits under any other law (other than duplication of benefits) from being reduced or offset because the surviving spouse is eligible for dependency and indemnity compensation.
United States · United States Congress · 5 May 2009
New Frontier Congressional Gold Medal Act - Authorizes the President to present gold medals, on behalf of Congress, to: (1) the astronauts of the Apollo 11 mission to the surface of the moon, Neil A. Armstrong (the first human to walk on the moon), Edwin E. "Buzz" Aldrin Jr. (pilot of the lunar module Eagle and second person to walk on the moon), and Michael Collins (pilot of their command module Columbia) in recognition of the first lunar landing, on July 20, 1969; and (2) John Herschel Glenn, the first American to orbit the Earth, on February 20, 1962.
United States · United States Congress · 5 May 2009
Agent Orange Equity Act of 2009 - Includes as part of the Republic of Vietnam, for purposes of the presumption of service connection for diseases associated with exposure by veterans to certain herbicide agents while in Vietnam, such Republic's inland waterways, ports, and harbors, waters offshore, and airspace above. Includes as veterans eligible for such presumption those who: (1) served on Johnston Island during the period beginning on April 1, 1972, and ending on September 30, 1977; or (2) received the Vietnam Service Medal or the Vietnam Campaign Medal.
United States · United States Congress · 5 May 2009
Safe Schools Improvement Act of 2009 - Amends the Safe and Drug-Free Schools and Communities Act to require: (1) states to use grants for safe and drug-free schools to collect and report information on the incidence of bullying and harassment; and (2) local educational agencies (LEAs) and schools to use subgrants to prevent and respond to incidents of bullying and harassment. Requires such LEAs or schools to: (1) notify parents and students annually of conduct prohibited in their school discipline policies, that now must include bullying and harassment; and (2) establish grievance procedures for students and parents to register complaints regarding such conduct. Includes bullying and harassment within the Act's definition of violence.
United States · United States Congress · 30 April 2009
Iran Refined Petroleum Sanctions Act of 2009 - Expresses the sense of Congress that: (1) diplomatic efforts to address Iran's illicit nuclear efforts, unconventional and ballistic missile development programs, and support for international terrorism are more likely to be effective if the President is empowered with explicit authority to impose additional sanctions on the government of Iran; (2) U.S. concerns regarding Iran are strictly the result of that government’s actions; and (3) the people of the United States have feelings of friendship for the people of Iran and regret that developments in recent decades have created impediments to that friendship. States that it should be U.S. policy to: (1) support international diplomatic efforts to end Iran's uranium enrichment program and its nuclear weapons program; (2) encourage foreign governments to direct state-owned and private entities to cease all investment in, and support of, Iran's energy sector and all exports of refined petroleum products to Iran; (3) impose sanctions on the Central Bank of Iran and any other Iranian financial institution engaged in proliferation activities or support of terrorist groups; and (4) work with allies to protect the international financial system from deceptive and illicit practices by Iranian financial institutions involved in proliferation activities or support of terrorist groups. Amends the Iran Sanctions Act of 1996 to direct the President to impose two or more current sanctions under such Act if a person has, with actual knowledge, made an investment of $20 million or more (or any combination of investments of at least $5 million which in the aggregate equals or exceeds $20 million in any 12-month period) that directly and significantly contributed to Iran's ability to develop its petroleum resources. (Under current law the sanction thresholds are $40 million, $10 million, and $40 million, respectively.) Directs the President to impose: (1) sanctions established under this Act (in addition to any current sanctions imposed under the Iran Sanctions Act of 1996) if a person has, with actual knowledge, sold, leased, or provided to Iran any goods, services, technology, information, or support that would allow Iran to maintain or expand its domestic production of refined petroleum resources, including any assistance in refinery construction, modernization, or repair; and (2) sanctions established under this Act if a person has, with actual knowledge, provided Iran with refined petroleum resources or engaged in any activity that could contribute to Iran's ability to import refined petroleum resources, including providing shipping, insurance, or financing services for such activity. Establishes additional sanctions prohibiting specified foreign exchange, banking, and property transactions. Includes references to refined petroleum resources in a presidential report to Congress requesting waiver of sanctions for purposes of national interest. Requires that the President immediately investigate a person upon receipt of credible information that such person is engaged in prohibited investment or other activity. Defines "credible information" as public or classified information or reporting supported by other substantiating evidence. Includes among the exceptions to the imposition of sanctions a situation in which the President determines in writing that the person to which the sanctions would otherwise be applied is: (1) a citizen or resident of a country that is a participant in the Proliferation Security Initiative; or (2) a foreign person organized under the laws of such country and is a subsidiary of a U.S. person. Directs the President to report to the appropriate congressional committees every six months regarding any person who has: (1) provided Iran with refined petroleum resources; (2) sold, leased, or provided to Iran any goods, services, or technology that would allow Iran to maintain or expand its domestic production of refined petroleum resources; or (3) engaged in any activity that could contribute to the enhancement of Iran's ability to import refined petroleum resources. States that the term "petroleum resources" includes petroleum, petroleum by-products, oil or liquefied natural gas, oil or liquefied natural gas tankers, and products used to construct or maintain pipelines used to transport oil or compressed or liquefied natural gas. (Under current law the definition of the term "petroleum resources" is limited to petroleum and natural gas resources.) Defines "petroleum by-products" as gasoline, kerosene, distillates, propane or butane gas, diesel fuel, residual fuel oil, and other goods classified in headings 2709 and 2710 of the Harmonized Tariff Schedule of the United States.
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