United States · United States Congress · 24 March 2009
Revolutionary War and War of 1812 Battlefield Protection Act - Amends the American Battlefield Protection Act of 1996 to direct the Secretary of the Interior, acting through the American Battlefield Protection Program, to establish an acquisition grant program for battlefields and associated sites identified in the Report to Congress on the Historic Preservation of Revolutionary War and War of 1812 Sites in the United States (battlefield report). Authorizes the Secretary to provide grants to states or local governments (eligible entities) to pay the federal share of the cost of acquiring fee-simple or lesser interests from willing sellers in such sites. Permits eligible entities to acquire an interest in eligible sites using such grants in partnership with nonprofit organizations. Requires the non-federal share of the cost of acquisition of eligible sites to be not less than 50% of the total. Subjects acquired property to the Land and Water Conservation Fund Act's prohibition against conversion to other than public outdoor recreation uses without the Secretary's approval. Requires the Secretary to submit to Congress a report on activities carried out under this Act and an update of the battlefield report.
United States · United States Congress · 24 March 2009
Breast Cancer Patient Protect Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to require a group health plan that provides medical and surgical benefits to ensure that inpatient (and in the case of a lumpectomy, outpatient) coverage and radiation therapy are provided for breast cancer treatment. Prohibits such a plan from: (1) restricting benefits for any hospital length of stay to less than 48 hours in connection with a mastectomy or breast conserving surgery or 24 hours in connection with a lymph node dissection, insofar as the attending physician, in consultation with the patient, determines such stay to be medically necessary; or (2) requiring that a provider obtain authorization from the plan or issuer for prescribing any such length of stay. Requires such a plan or issuer to: (1) provide notice to each participant and beneficiary regarding the coverage required under this Act; and (2) ensure that coverage is provided for secondary consultations. Prohibits a group health plan from taking specified actions to avoid the requirements of this Act. Applies such requirements to health insurance issuers offering coverage in the individual market. Allows a health insurance issuer that provides individual health insurance coverage to nonrenew or discontinue an individual's coverage based on the intentional concealment of material facts regarding a health condition related to the condition for which coverage is being claimed.
United States · United States Congress · 24 March 2009
Allows an individual to elect to receive retired pay for non-regular (reserve) service upon retirement for service performed in an active reserve status after attaining eligibility for regular retirement, as long as the individual successfully completes at least two years of active reserve status service. Allows the Secretary of the military department concerned to reduce the two-year active reserve status requirement in certain cases. Requires the recomputation of reserve retired pay and, if appropriate, the adjustment of the retired grade of reserve retirees to reflect the successful completion of at least two years of post-retirement service in an active reserve status.
United States · United States Congress · 24 March 2009
Empowerment Zone, Renewal Community and Enterprise Community Enhancement Act of 2009 - Amends Internal Revenue Code provisions relating to tax-preferred empowerment zones, rural enterprise communities, and renewal communities to: (1) extend the period of designation for such areas through 2015; (2) provide a safe harbor standard for employee residency requirements in empowerment zones; (3) eliminate certain residency requirements for the empowerment zone employment tax credit; (4) grant authority to expand the boundaries of empowerment zones and enterprise communities, including those located in rural areas; (5) allow carryovers of unused expensing allowances for enterprise zone businesses; (6) allow certain empowerment zone businesses to elect to receive payments in lieu of tax benefits; (7) allow federal guarantees and tax exemptions for enterprise zones and renewal communities; and (8) allow the issuance of tax-exempt rural enterprise community bonds and empowerment zone facility bonds.
United States · United States Congress · 23 March 2009
Amends the Emergency Economic Stabilization Act of 2008 (EESA) to prohibit a financial institution that receives or has received a capital investment under the Act (or with respect to the Federal National Mortgage Association [Fannie Mae], the Federal Home Loan Mortgage Corporation [Freddie Mac], or a federal home loan bank, under the Housing and Economic Recovery Act of 2008) from making a compensation payment to any executive or employee under any pre-existing compensation arrangement, or from entering into a new compensation payment arrangement, while that capital investment remains outstanding, if such compensation: (1) is unreasonable or excessive according to standards established by the Secretary of the Treasury; or (2) includes any bonus, retention payment, or other supplemental payment not directly based on performance-based measures prescribed in such standards. Instructs the Secretary to establish standards governing: (1) unreasonable and excessive compensation; and (2) performance-based measures that a financial institution must apply when determining whether it may provide a bonus or retention payment.
United States · United States Congress · 23 March 2009
Expresses support for the designation of, and the goals and ideals of, National Nutrition Month. Encourages: (1) local communities to raise awareness surrounding nutritional health; and (2) awareness about diseases and death caused by lack of nutrition. Recognizes health care professionals, such as registered dietitians, who spread the knowledge and importance of nutrition each day.
United States · United States Congress · 19 March 2009
Equity and Access for Podiatric Physicians Under Medicaid Act- Amends title XIX (Medicaid) of the Social Security Act to include podiatrists as physicians in order to cover their services under the Medicaid program.
United States · United States Congress · 19 March 2009
Early Treatment for HIV Act of 2009 - Amends title XIX (Medicaid) of the Social Security Act to give states the option of providing Medicaid coverage for certain low-income HIV-infected individuals. Provides states taking advantage of this option with an enhanced federal Medicaid match.
United States · United States Congress · 19 March 2009
Expresses the House of Representatives' commitment to: (1) integrating long-term care, particularly as it relates to home care and community services, into a comprehensive health care reform agenda; and (2) aiding relevant parties in composing, executing, and enforcing a well-informed national strategy for long-term care that will address geographic and economic disparities that limit access to care, expand long-term health services, and streamline quality measures. Recognizes that: (1) preventative health and the management of chronic disease are essential components in decreasing the future dependence on long-term care; and (2) Medicaid and out-of-pocket financing of long-term care excludes countless persons from receiving health care service, which can lead to more costly and invasive medical interventions, and alternative payment options should be widely available and more accessible. Recognizes the need to: (1) collaborate with local, state, and federal health care entities to improve working conditions and training for home health aides; and (2) adequately fund and support existing technologies, entities, and initiatives that assist informal caregivers and help maintain and improve long-term health services for the disabled and elderly.
United States · United States Congress · 19 March 2009
Expresses the sense of Congress that the President is appropriately exercising authorities under the Emergency Economic Stabilization Act of 2008 and other federal laws by taking all necessary actions to ensure that: (1) American International Group, Inc. (AIG) will repay taxpayers for retention bonuses paid to its executives and employees; (2) companies that receive a capital infusion under the Emergency Economic Stabilization Act of 2008 are prohibited from paying unreasonable and excessive bonuses to their executives and employees; and (3) such companies comply with provisions of the American Recovery and Reinvestment Act restricting executive compensation.
United States · United States Congress · 18 March 2009
Imposes an additional income tax on bonuses paid to employees or former employees of covered Troubled Assets Relief Program (TARP) recipients. Defines "covered TARP recipient" to include: (1) entities and their affiliates that received capital infusions under the Emergency Economic Stabilization Act of 2008 exceeding $5 billion; and (2) the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac). Exempts entities that repay TARP amounts exceeding a $5 billion threshold. Sets the rate of such tax at 90% of the lesser of: (1) the bonus amounts paid; or (2) the amount of such taxpayer's adjusted gross income exceeding $250,000 ($125,000 in the case of a married individual filing a separate return). Exempts any employee who irrevocably waives or returns a bonus payment before the close of the taxable year in which such payment is due.
United States · United States Congress · 18 March 2009
Insurance Industry Competition Act of 2009 - Amends the McCarran-Ferguson Act to make the Federal Trade Commission Act, as it relates to areas other than unfair methods of competition, applicable to the business of insurance to the extent that such business is not regulated by state law. Authorizes the Department of Justice (DOJ) and the Federal Trade Commission (FTC) to issue joint statements of their antitrust enforcement policies regarding joint activities in the business of insurance.
United States · United States Congress · 18 March 2009
Segal AmeriCorps Education Award Tax Relief Act of 2009 - Amends the Internal Revenue Code to exclude from gross income for income tax purposes AmeriCorps educational awards awarded under the National and Community Service Act of 1990.
United States · United States Congress · 17 March 2009
Preservation of Antibiotics for Medical Treatment Act of 2009 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to deny an application for a new animal drug that is a critical antimicrobial animal drug unless the applicant demonstrates that there is a reasonably certainty of no harm to human health due to the development of antimicrobial resistance attributable to the nontherapeutic use of the drug. Defines "critical antimicrobial animal drug" as a drug intended for use in food-producing animals that contains specified antibiotics or other drugs used in humans to treat or prevent disease or infection caused by microorganisms. Requires the Secretary to withdraw approval of a nontherapeutic use of such drugs in food-producing animals two years after the date of enactment of this Act unless certain safety requirements are met. Directs specified congressional committees to hold hearings on the implementation of such a withdrawal of approval.
United States · United States Congress · 17 March 2009
Preexisting Condition Patient Protection Act of 2009 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to prohibit a group health plan from: (1) imposing any preexisting condition exclusion; or (2) providing for an affiliation period for coverage offered by a health maintenance organization (HMO). Defines an "affiliation period" as a period of time before health insurance coverage becomes effective. Requires each health insurance issuer offering coverage in the group market in a state to accept every employer in the state that applies for such coverage. Prohibits preexisting condition exclusions for individual health insurance coverage. Requires the Secretary of Health and Human Services to report to Congress on the impact of this Act on health benefits coverage. Authorizes the Secretary to request claims data, enrollee data, and other appropriate information from group health plans and health insurance issuers. Directs the Comptroller General to report to Congress on the impact of this Act and other relevant federal laws on the reduction in the number of uninsured and underinsured individuals and on the affordability of coverage.
United States · United States Congress · 17 March 2009
National Home Energy Savings Revolving Fund Act - Establishes within the Department of Energy (DOE) the National Home Energy Savings Revolving Fund to provide funds to local governments for use in making loans to homeowners for the costs of conducting a qualified home energy audit and implementing, acquiring, and installing certified energy savings improvements. Requires the Secretary of Energy to establish procedures and techniques for home energy audits that: (1) establish priorities for selection of energy savings improvements based on their cost-effectiveness, payback period, and contribution to energy savings; (2) measure the energy requirement of individual dwellings and the rate of return of the total energy savings investment in a dwelling; and (3) account for interaction among energy savings measures. Sets forth requirements concerning loan eligibility and repayment. Limits the total loan amount to a single homeowner to $10,000.
United States · United States Congress · 17 March 2009
Responsible Education About Life Act - Authorizes the Secretary of Health and Human Services to make grants to states for sex education programs, including education on abstinence and contraception, to prevent teenage pregnancy and sexually transmitted diseases. Expresses the sense of Congress that states are encouraged, although not required, to provide matching funds to receive such grants. Requires the Secretary to provide for a national evaluation of a representative sample of such programs for effectiveness in delaying the initiation of sexual intercourse and other high-risk behaviors, preventing pregnancy and sexually transmitted disease, and increasing contraceptive knowledge and behavior. Requires states receiving such grants to provide for an individual evaluation of the state's program by an external, independent entity. Prohibits such programs from discriminating on the basis of sex, race, ethnicity, national origin, disability, religion, sexual orientation, or gender identity.
United States · United States Congress · 17 March 2009
Amends the Internal Revenue Code to: (1) make permanent the tax credit for increasing research activities; and (2) increase the amount of such credit for taxpayers who earn more than 50% of their gross receipts from domestic production activities.
United States · United States Congress · 17 March 2009
Securing America's Future Economy Commission Act or SAFE Commission Act - Establishes the Securing America's Future Economy (SAFE) Commission to develop legislation designed to address: (1) the unsustainable imbalance between long-term federal spending commitments and projected revenues; (2) increases in net national savings to provide for domestic investment and economic growth; (3) the implications of foreign ownership of federally issued debt instruments; and (4) revision of the budget process to place greater emphasis on long-term fiscal issues. Requires the Commission to: (1) develop one or two methods for estimating the cost of legislation as an alternative to the current Congressional Budget Office (CBO) method; and (2) hold at least one town-hall style public hearing within each federal reserve district. Requires the Commission to submit a legislative proposal to Congress and the President. Authorizes the President to submit to Congress an alternative proposal. Authorizes the Committee on the Budget of either chamber to publish its own alternative proposal in the Congressional Record. Sets forth procedures for consideration of such legislation. Requires CBO to prepare a long-term cost estimate and have it published in the Congressional Record as expeditiously as possible whenever requested to do so by the Commission, the President, or the chairman or ranking minority member of the Committee on the Budget of either chamber.
United States · United States Congress · 16 March 2009
Prescribe A Book Act - Creates a Pediatric Early Literacy program under which the Secretary of Education awards matching grants to nonprofit organizations for the implementation of three-part models through which: (1) health care providers encourage parents to read aloud to their children and offer them recommendations and strategies for doing so; (2) health care providers give each visiting child between the ages of six months and five-years a new, developmentally appropriate children's book to take home and keep; and (3) volunteers reading to children in health care facility waiting areas show parents the techniques and pleasures of reading aloud to children. Requires that the books provided to children under the program be obtained at a discount.
United States · United States Congress · 12 March 2009
Multinational Species Conservation Funds Semipostal Stamp Act of 2009 - Requires the United States Postal Service to issue and sell, at a premium, a Multinational Species Conservation Funds Semipostal Stamp. Requires proceeds from the sale of such stamp to be: (1) transferred to the United States Fish and Wildlife Service (USFWS) to help fund the operations supported by the Multinational Species Conservation Funds; and (2) divided equally among the African Elephant Conservation Fund, the Asian Elephant Conservation Fund, the Great Ape Conservation Fund, the Marine Turtle Conservation Fund, and the Rhinoceros and Tiger Conservation Fund. Prohibits such proceeds from being taken into account in any decision relating to the level of appropriations or other federal funding to be furnished to the USFWS or such Funds. Requires the stamp to: (1) be made available to the public for at least five years; and (2) depict images of flagship multinational species.
United States · United States Congress · 12 March 2009
Directs the Secretary of Energy to establish a research pilot program for awarding grants to certain partnerships to improve education and training in support of applied sciences in renewable energy as part of a comprehensive program to enhance the quality of science, technology, engineering, and mathematics instruction at the secondary school and undergraduate levels of education. Describes what activities grants may be used for and the types of partnerships to which grants shall be awarded.
United States · United States Congress · 11 March 2009
Complete Streets Act of 2009 - Requires each state to have in effect within two years a law, or each state department of transportation and metropolitan planning organization (MPO) an explicit policy statement, that requires all federally-funded transportation projects, with certain exceptions, to accommodate the safety and convenience of all users in accordance with certain complete streets principles. Defines "complete streets principles" as federal, state, local, or regional level transportation laws, policies, or principles which ensure that the safety and convenience of all users of a transportation system, including pedestrians, bicyclists, public transit users, children, older individuals, motorists, and individuals with disabilities, are accommodated in all phases of project planning and development. Allows such law or policy to make project-specific exemptions from such principles only if: (1) affected roadways prohibit specified users by law from using them, the cost of a compliance project would be excessively disproportionate to the need, or the population and employment densities or level of transit service around a roadway is so low that there is no need to implement such principles; and (2) all such exemptions are properly approved. Requires: (1) the Secretary to establish a method for ensuring compliance by state departments of transportation and MPOs with complete streets principles; and (2) states to require every agency responsible for a project within an approved transportation improvement program to review and certify project compliance with complete streets principles. Requires states noncompliant with complete streets principles to use a portion of their surface transportation program funds to carry out a highway safety program. Requires the Architectural and Transportation Barriers Compliance Board to issue final standards for accessibility of new construction and alterations of pedestrian facilities for public rights-of-way. Requires the Secretary to conduct research regarding complete streets to: (1) assist states, MPOs, and local jurisdictions in developing and implementing complete streets-compliant plans, projects, procedures, policies, and training programs; and (2) establish benchmarks for, and provide technical guidance on, implementing complete streets policies and principles.
United States · United States Congress · 10 March 2009
Employee Free Choice Act of 2009 - Amends the National Labor Relations Act to require the National Labor Relations Board (NLRB) to certify a bargaining representative without directing an election if a majority of the bargaining unit employees have authorized designation of the representative (card-check) and there is no other individual or labor organization currently certified or recognized as the exclusive representative of any of the employees in the unit. Sets forth special procedural requirements for reaching an initial collective bargaining agreement following certification or recognition. Revises enforcement requirements with respect to unfair labor practices during union organizing drives, particularly a preliminary investigation of an alleged unfair labor practice (ULP) which may lead to proceedings for injunctive relief. Requires that priority be given to a preliminary investigation of any charge that, while employees were seeking representation by a labor organization, or during the period after a labor organization was recognized as a representative until the first collective bargaining contract is entered into, an employer: (1) discharged or otherwise discriminated against an employee to encourage or discourage membership in the labor organization; (2) threatened to discharge or to otherwise discriminate against an employee in order to interfere with, restrain, or coerce employees in the exercise of guaranteed self-organization or collective bardaining rights; or (3) engaged in any other related ULP that significantly interferes with, restrains, or coerces employees in the exercise of such guaranteed rights. Adds to remedies for such violations: (1) back pay plus liquidated damages; and (2) additional civil penalties.
United States · United States Congress · 9 March 2009
Maple Tapping Access Program Act - Amends the the Food Security Act of 1985 to direct the Secretary of Agriculture to support state and tribal government efforts to encourage owners and operators of privately held farm, ranch, and forest land to: (1) initiate or expand maple-tapping activities; or (2) voluntarily make the land available to the public for maple-tapping activities. Gives priority to states and tribal governments that propose to: (1) maximize participation by offering program terms likely to meet with landowner acceptance; (2) increase maple-tapping activities and maple syrup production; (3) ensure that enrolled land has appropriate tree stock; and (4) use additional federal, state, tribal, or private resources in carrying out the program.
United States · United States Congress · 9 March 2009
Generations Invigorating Volunteerism and Education Act or the GIVE Act - Amends the National and Community Service Act of 1990 (NCSA) and the Domestic Volunteer Service Act of 1973 (DVSA) to revise the programs under such Acts and reauthorize appropriations for such programs through FY2014. Revises under NCSA: (1) the School-Based and Community-Based Service-Learning programs and Higher Education Innovative Programs for Community Service (Learn and Serve programs); (2) National Service Trust programs (AmeriCorps); (3) the National Civilian Community Corps (NCCC); and (4) the Investment for Quality and Innovation program. Eliminates the current Community-Based Learn and Serve programs. Establishes two new Learn and Serve programs: (1) Campuses of Service, which provides funds to institutions of higher education to develop or disseminate exemplary service-learning programs that assist their students' pursuit of public service careers; and (2) Innovative Service-Learning Programs and Research, which funds community service-learning opportunities for elementary and secondary, college, and graduate students as well as research into service-learning. Includes among eligible AmeriCorps programs: (1) an Education Corps to address unmet educational needs; (2) a Healthy Futures Corps to address unmet health needs; (3) a Clean Energy Corps to address unmet environmental needs; and (4) a Veterans Corps to address the unmet needs of veterans and their families. Creates AmeriCorps Opportunity Corps programs that include certain existing programs and new programs to: (1) increase community access to technology; (2) engage citizens in public safety, health, and emergency preparedness services; (3) mentor youth; (4) reduce recidivism by re-engaging court-involved youth; and (5) support the needs of veterans or active duty service members and their families. Establishes an Education Awards Only program authorizing the Corporation for National and Community Service (Corporation) to provide fixed-amount grants to programs that have approved national service positions, but no AmeriCorps funding. Sets the National Service educational awards for full-time AmeriCorps, NCCC, and Volunteers in Service to America (VISTA) participants at a level equal to the maximum available Pell Grant available to students under the Higher Education Act of 1965. Includes among needs to be met under the NCCC program, disaster relief, infrastructure improvement, environmental and energy conservation, and urban and rural development. Requires states to develop comprehensive plans for volunteer and paid service by Baby Boomers and older adults. Directs the Corporation to plan pilot programs to: (1) better target and serve displaced workers; and (2) establish a centralized electronic citizenship verification system which would allow the Corporation to share employment eligibility information with the Department of Education. Authorizes the Corporation to treat September 11th annually as a National Day of Service and Remembrance. Establishes within the Investment for Quality and Innovation program: (1) a ServeAmerica Fellowships program providing fellowships to individuals chosen by states to participate in service projects addressing certain areas of national need; (2) a Silver Scholarship Grant Program providing scholarships to individuals age 55 or older who complete at least 500 hours of service in a year in an area of national need; and (3) an Encore Fellowships program providing one-year fellowships to individuals age 55 or older who serve in areas of national need and receive training to transition to public service employment. Makes ServeAmerica fellows eligible for national service educational awards. Authorizes the Corporation to provide grants to innovative and model service programs, including those for disadvantaged youth, youth under age 17, and potential recidivists. Eliminates federal funding for the Points of Light Foundation. Revises under DVSA: (1) the VISTA program; and (2) the Senior Corps, including the Retired and Senior Volunteer program (RSVP), the Foster Grandparent program, and the Senior Companion program. Gives priority in VISTA participant selection to disadvantaged youth and retired adults of any profession. Authorizes new VISTA grant programs of national significance that provide poor and rural communities with: (1) services reintegrating formerly incarcerated individuals into society; (2) financial literacy and planning; (3) before-school and after-school services; (4) community economic development initiatives; (5) assistance to veterans and their families; and (6) health and wellness services. Eliminates the VISTA Literacy Corps, University Year for VISTA, and Literacy Challenge Grant programs. Raises the minimum and maximum stipend provided to VISTA participants. Prioritizes RSVP projects in specified areas. Makes anyone 55 years of age or older eligible as Senior Corps volunteers. Provides, under the Senior Corps demonstration program, incentive matching grants to Senior Corps programs that exceed specified performance measures, enroll most of their volunteers in outcome-based service programs, and increase their enrollment of Baby Boomer volunteers. Expresses the sense of the Congress that the number of AmeriCorps, VISTA, and NCCC participants should reach 250,000 by 2014. Congressional Commission on Civic Service Act - Establishes a Congressional Commission on Civic Service to provide recommendations to Congress on improving opportunities for individuals to volunteer or perform national service.
United States · United States Congress · 9 March 2009
Catalyst to Better Diabetes Care Act of 2009 - Requires the Secretary of Health and Human Services (the Secretary) to: (1) review uptake and utilization of diabetes screening benefits to identify and address problems with utilization and data collection mechanisms; (2) establish an outreach program to identify existing efforts to increase awareness among seniors and providers of such benefits; and (3) maximize cost-effectiveness in increasing utilization of such benefits. Requires the Secretary to establish an advisory group to examine and recommend best practices of employee wellness and disease management programs. Directs the Secretary to prepare a diabetes report card biennially for the nation and for each state. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to: (1) promote the education and training of physicians on how to properly complete birth and death certificates and the importance of such data; (2) encourage state adoption of the latest standard revisions of birth and death certificates; and (3) work with states to reengineer their vital statistics systems to provide cost-effective, timely, and vital systems data. Allows the Secretary to promote improvements to the collection of diabetes mortality data. Requires the Secretary to conduct a study of the impact of diabetes on the practice of medicine in the United Sates and the level of diabetes medical education that should be required prior to licensure, board certification, and board recertification.
United States · United States Congress · 6 March 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 · 5 March 2009
Iran Sanctions Enabling Act of 2009 - States that it is the policy of the United States to support the decision of state and local governments and educational institutions to divest from, and to prohibit the investment of assets they control in, persons that have investments of more than $20 million in Iran's energy sector. Authorizes a state or local government to adopt and enforce measures to divest its assets from, or prohibit the investment of assets they control in, such persons, including financial institutions which extend them credit to so invest. Amends the Investment Company Act of 1940 to shield any registered investment company from civil, criminal, or administrative action based upon its divesting from, or avoiding investing in, securities issued by such persons. Expresses the sense of Congress that a fiduciary of an employee benefit plan under the Employee Retirement Income Security Act of 1974 (ERISA) may divest plan assets from, or avoid investing plan assets in, a person that has investments of more than $20 million in Iran's energy sector without breaching his or her fiduciary duties under ERISA, if such determination is based on credible information and in accordance with federal law.
United States · United States Congress · 5 March 2009
Medical Device Safety Act of 2009 - Amends the Federal Food, Drug, and Cosmetic Act to prohibit specified provisions preempting state and local requirements for medical devices intended for human use from being construed to modify or otherwise affect any action for damages or the liability of any person under state law. Makes this Act effective as if it were included in the Medical Device Amendments of 1976 and applicable to any civil action pending or filed on or after the date of enactment of this Act.
United States · United States Congress · 5 March 2009
Child Nutrition Promotion and School Lunch Protection Act of 2009 - Amends the Child Nutrition Act of 1966 to require the Secretary of Agriculture to establish science-based nutrition standards for foods served in schools other than foods served under the school lunch or breakfast programs. Applies such standards to all food sold outside such programs anywhere on school campuses during the extended school day, with the possible limited exemption of food sold at school fundraisers. Requires the Secretary to: (1) consider the recommendations of authoritative scientific organizations and evidence concerning the relationship between diet and health when establishing the standards; and (2) review the standards as soon as practicable after the Department of Agriculture and the Department of Health and Human Services publish a new edition of the Dietary Guidelines for Americans.
United States · United States Congress · 5 March 2009
Children's Access to Reconstructive Evaluation & Surgery (CARES) Act of 2009 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to require a group health plan that covers surgical benefits to also cover outpatient and inpatient diagnosis and treatment of a congenital or developmental deformity, disease, or injury of a minor child (defined as child under the age of 22). Requires that such coverage: (1) be subject to pre-authorization or pre-certification requirements of the plan or issuer; and (2) include any surgical treatment deemed by the treating physician to be medically necessary to approximate a normal appearance. Defines "treatment" to include reconstructive surgical procedures that are performed on abnormal structures of the body caused by congenital defects, abnormalities, trauma, infection, tumors, or disease, including: (1) procedures that do not materially affect the function of the body part being treated; and (2) procedures for secondary conditions and follow-up treatment. Excludes cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem.
United States · United States Congress · 5 March 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 recommendations concerning modifications to the benefits, items, and services required. Provides for the provision of health services through 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 premium subsidies. Terminates federal health benefits coverage, including coverage provided under the Federal Employees Health Benefits Program and the State Children's Health Insurance Program (SCHIP). Provides for appointment of a Comparative Effectiveness Advisory Board. Establishes a Health Care Comparative Effectiveness Research Trust Fund.
United States · United States Congress · 5 March 2009
Great Ape Protection Act of 2009 - Prohibits: (1) conducting invasive research on great apes; (2) knowingly breeding, possessing, renting, loaning, donating, purchasing, selling, housing, maintaining, leasing, borrowing, transporting, moving, delivering, or receiving a great ape for the purpose of conducting such research; or (3) using federal funds to conduct such research. Defines "invasive research" as research that may cause death, bodily injury, pain, distress, fear, injury, or trauma to great apes, including drug testing or exposure to a substance that may be detrimental to the ape's health or psychological well-being. Requires the Secretary of Health and Human Services (HHS) and other appropriate federal authorities to provide for the permanent retirement of all great apes that are owned or under the control of the federal government and that are being maintained in any facility for the purpose of breeding for, holding for, or conducting invasive research. Sets forth civil penalties for violations of this Act.
United States · United States Congress · 5 March 2009
Savings Enhancement for Education in College Act - Amends the Internal Revenue Code to: (1) make permanent the allowance for payment of expenses for computer technology and equipment from qualified tuition programs; (2) allow a tax credit for contributions to such programs; and (3) allow limited direction of investment of contributions or earnings in a qualified tuition program.
United States · United States Congress · 5 March 2009
National MS and Parkinson's Disease Registries Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services (HHS), acting through the Director of the Agency for Toxic Substances and Disease Registry, to: (1) develop a system to collect data on multiple sclerosis (MS) and a system to collect data on Parkinson's disease; (2) establish a national surveillance system for the collection and storage of data for each such disease, including population-based registries of U.S. cases of MS and Parkinson's disease; (3) provide analysis regarding expansion of national disease surveillance systems for other neurological diseases and disorders; and (4) establish the Advisory Committee on Neurological Disease Registries. Allows the Secretary, acting through the Director, to provide for the collection, analysis, and reporting of data on MS and Parkinson's disease. Requires the Secretary, acting through the Director, to: (1) identify, build upon, expand, and coordinate existing data and surveillance systems, surveys, registries, and other federal public health and environmental infrastructure wherever possible; and (2) provide for research access to Parkinson's disease and MS data. Requires the Secretary to ensure that epidemiological and other types of information collected are made available to agencies such as the National Institutes of Health (NIH), the Food and Drug Administration (FDA), the Department of Veterans Affairs (VA), and the Department of Defense (DOD).
United States · United States Congress · 4 March 2009
Afghanistan-Pakistan Security and Prosperity Enhancement Act - Authorizes the President to designate Reconstruction Opportunity Zones within Afghanistan or Pakistan, provided certain eligibility criteria are met, including that: (1) such countries establish, or make progress toward establishing, a market-based economy, instituting rule of law, protecting core labor standards, and eliminating barriers to trade and investment; (2) such countries can be designated as a beneficiary developing country; and (3) the designation of a Reconstruction Opportunity Zone is appropriate taking into account certain qualifying factors. Provides for the duty-free treatment of certain textile and apparel products, as well as nontextile and nonapparel products, from a Reconstruction Opportunity Zone through September 30, 2024. Sets forth requirements to prevent the unlawful transshipment of such products. Continues the duty-free treatment of such products from a Reconstruction Opportunity Zone in Afghanistan or Pakistan only if the President certifies to Congress that such countries have met certain requirements, including: (1) designation of a labor official; and (2) have agreed to require textile or apparel exporting enterprises to participate in a technical assistance, capacity building, compliance assessment, and remediation program. Authorizes the President to withdraw, suspend, or limit the application of duty-free treatment under this Act.
United States · United States Congress · 4 March 2009
Clean Water Protection Act - Amends the Federal Water Pollution Control Act (commonly known as the Clean Water Act) to define "fill material" to mean any pollutant that replaces portions of waters of the United States with dry land or that changes the bottom elevation of a water body for any purpose and to exclude any pollutant discharged into the water primarily to dispose of waste.
United States · United States Congress · 4 March 2009
Access for All America Act - Amends the Public Health Service Act to: (1) increase and extend the authorization of appropriations for community health centers and for the National Health Service Corps scholarship and loan repayment program for FY2010-FY2015, and provide for increased funding for such programs in FY2016 and each subsequent fiscal year; and (2) revise and expand provisions allowing a community health center to provide services at different locations, adjust its operating plan and budget, enter into arrangements with other centers to purchase supplies and services at reduced cost, and correct material failures in grant compliance.
United States · United States Congress · 3 March 2009
Military Readiness Enhancement Act of 2009 - Repeals current Department of Defense (DOD) policy concerning homosexuality in the Armed Forces. Prohibits the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, from discriminating on the basis of sexual orientation against any member of the Armed Forces or any person seeking to become a member. Authorizes the re-accession into the Armed Forces of otherwise qualified individuals previously separated for homosexuality, bisexuality, or homosexual conduct. Requires such Secretaries to ensure that regulations governing the personal conduct of members of the Armed Forces are written and enforced without regard to sexual orientation.
United States · United States Congress · 3 March 2009
Stop Tax Haven Abuse Act - Amends Internal Revenue Code provisions relating to tax shelter activities to: (1) establish legal presumptions against the validity of transactions involving offshore secrecy jurisdictions (i.e., foreign tax havens identified in this Act and by the Secretary of the Treasury); (2) impose restrictions on foreign jurisdictions, financial institutions, or international transactions that are of primary money laundering concern or that impede U.S. tax enforcement; (3) treat certain foreign corporations managed and controlled primarily in the United States as domestic corporations; (4) increase the period for Internal Revenue Service (IRS) review of tax returns involving offshore secrecy jurisdictions; (5) require tax withholding agents and financial institutions to report certain information about beneficial owners of foreign-owned financial accounts and accounts established in offshore secrecy jurisdictions; (6) disallow tax advisor opinions validating transactions in offshore secrecy jurisdictions; (7) subject dividend equivalents and substitute dividends to the 30% tax on foreign income; and (8) impose reporting requirements for transactions involving a passive foreign investment company. Amends the Securities Exchange Act of 1934 and other federal enactments to impose a penalty for failure to disclose holdings or transactions involving a foreign entity. Requires the Secretary of the Treasury to publish a final rule requiring unregistered investment companies, including hedge funds or private equity funds, to establish anti-money laundering programs, and to submit suspicious activity reports. Modifies requirements for certain third party summonses used to obtain information in tax investigations that do not identify the person with respect to whose liability the summons is issued (John Doe summons). Increases penalties for promoting abusive tax shelters and for aiding and abetting the understatement of tax liability. Prohibits the patenting of tax planning inventions. Prohibits tax advisor contingent fee agreements for obtaining tax savings or benefits. Allows increased disclosure of tax information for enforcement purposes. Directs the Secretary to impose standards for written tax opinions by tax practitioners. Denies tax deductions for certain fines and penalties for violations of law and for interest paid on certain understatements of tax. Sets forth rules for the application of the economic substance doctrine and imposes penalties for underpayments of tax due to transactions lacking economic substance.
United States · United States Congress · 3 March 2009
Family Smoking Prevention and Tobacco Control Act - Amends the Federal Food, Drug, and Cosmetic Act to provide for the regulation of tobacco products by the Secretary of Health and Human Services through the Food and Drug Administration (FDA), including through disclosure, annual registration, inspection, recordkeeping, and user fee requirements. Directs the Secretary to establish the Center for Tobacco Products to implement this Act. Sets forth criteria by which tobacco products are deemed adulterated or misbranded. Allows the Secretary to require prior approval of all label statements. Authorizes the Secretary to restrict the sale or distribution of tobacco products, including advertising and promotion, if appropriate for the protection of the public health. Sets forth limits on such regulations, including prohibiting establishment of a minimum age greater than 18 for product purchases. Prohibits: (1) cigarettes from containing any artificial or natural flavor (other than tobacco or menthol) or an herb or spice, including strawberry, cinnamon, or coffee; or (2) a tobacco product manufacturer from using tobacco that contains a greater level of pesticide chemical residue than is specified by any tolerance applicable to domestically grown tobacco. Requires the Secretary to establish tobacco product standards to protect the public health. Prohibits the Secretary from: (1) banning all cigarettes, all smokeless tobacco products, all little cigars, all other cigars, all pipe tobacco, or all roll-your-own tobacco products; or (2) requiring the reduction of the nicotine yields of a tobacco product to zero. Requires premarket approval of all new tobacco products. Sets forth standards for the sale of modified risk tobacco products. Requires the Secretary to establish a Tobacco Products Scientific Advisory Committee. Revises tobacco product warning labels and advertising requirements. Thrift Savings Plan Enhancement Act of 2009 - Amends provisions related to the Thrift Savings Plan (TSP), including to provide for: (1) automatic enrollment of new employees; and (2) a Roth contribution program.
United States · United States Congress · 3 March 2009
Affordable Housing and Community Development Act of 2009 - Amends the Housing and Community Development Act of 1974 to authorize appropriations in a specified amount for FY2011 and each fiscal year thereafter for the community development block grant program and for related technical assistance and grantee training. Directs the Secretary of Housing and Urban Development, following a study, to establish an inflation index for such amount for the following fiscal years.
United States · United States Congress · 2 March 2009
Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation of a congressional gold medal to Arnold Palmer (golf professional) in recognition of his service to the nation in promoting excellence and good sportsmanship.
United States · United States Congress · 2 March 2009
Amends the Emergency Economic Stabilization Act of 2008 (EESA) to direct the Secretary of the Treasury to provide to the Special Inspector General of the Troubled Asset Relief Program (TARP), the Comptroller General, and the Congressional Oversight Panel ongoing, continuous, and close to real-time updates of the status of funds distributed under EESA through a standardized electronic database that combines all of the necessary information from existing public and private sources to track the status of the funds distributed under the Act. Requires the Secretary also to: (1) compare the data in such database with any other data for any activities that are inconsistent with EESA purposes; and (2) collect from all federal agencies any regulatory filings, internal models, financial models, and analytics associated with the financial assistance on at least a daily basis in order to help the Secretary to determine the effectiveness of TARP in stimulating prudent lending and strengthening bank capital. Directs the Secretary, if TARP goals are not being met, to work with the federal agencies supplying the information to have them provide the recipients with recommendations for better meeting such goals. Requires the Secretary, furthermore, to adjust the future uses of TARP assistance if such goals are not met even following such recommendations.
United States · United States Congress · 26 February 2009
Achieving a Better Life Experience Act of 2009 or the ABLE Act of 2009 - Amends the Internal Revenue Code to establish tax-exempt ABLE accounts for individuals with a disability to pay certain expenses of such individuals, including expenses for education, housing, transportation, employment support, medical care, and certain life necessities. Defines "individual with a disability" as an individual who is eligible to receive certain supplemental security income benefits under the Social Security Act. Allows individual taxpayers a tax deduction, up to $2,000 per year, for contributions to an ABLE account. Requires the Secretary of the Treasury to study and report to Congress on the use of ABLE accounts and the effect of the tax deduction for contributions to such accounts. Requires ABLE accounts to be disregarded in determining eligibility for Medicaid benefits and for purposes of determining eligibility for other means-tested federal programs.
United States · United States Congress · 26 February 2009
Arthritis Prevention, Control, and Cure Act of 2009 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to develop and implement a National Arthritis Action Program that may include: (1) research, investigations, demonstrations, training, and studies relating to the control, prevention, and surveillance of arthritis and other rheumatic diseases; (2) additional grant support to encourage the expansion of research related to the prevention and management of arthritis at the Centers for Disease Control and Prevention (CDC); (3) national education and outreach activities for arthritis and other rheumatic diseases; (4) emphasis on prevention, early diagnosis, and appropriate management of arthritis and opportunities for effective patient self-management; and (5) grants to states or Indian tribes for comprehensive arthritis control and prevention programs and public health surveillance, prevention, and control activities related to arthritis and other rheumatic diseases. Authorizes the Secretary to expand and intensify programs of the National Institutes of Health (NIH) with respect to research and related activities concerning various forms of juvenile arthritis and related conditions. Authorizes the Secretary, acting through the Director of CDC, to: (1) provide for the collection, analysis, and reporting of data on juvenile arthritis; and (2) support the development of a national juvenile arthritis population-based database. Requires the Secretary to support activities that provide for: (1) an increase in institutional training grants to support pediatric rheumatology training; and (2) an expansion of public-private partnerships to promote education training and fellowship opportunities for pediatric rheumatologists. Directs the Secretary to establish and carry out a pediatric rheumatology loan repayment program, as needed.
United States · United States Congress · 26 February 2009
Medal of Honor Commemorative Coin Act of 2009 - Directs the Secretary of the Treasury to mint and issue $5 gold coins and $1 silver coins emblematic of the design selected by the Secretary, after consultation with the Boards of the Congressional Medal of Honor Society and the Congressional Medal of Honor Foundation, in honor of the distinguished service of the American military men and women who have been Medal of Honor recipients. Limits the period for coin issuance to calendar year 2011. Imposes a surcharge of $35 per coin for the $5 coin and $10 per coin for the $1 coin, to be distributed to the Congressional Medal of Honor Foundation to help finance educational, scholarship, and outreach programs of the Foundation.
United States · United States Congress · 26 February 2009
Federal Reserve Transparency Act of 2009 - Repeals the authority of the Comptroller General to carry out an onsite examination of an open insured bank or bank holding company only if the appropriate federal regulatory agency has consented in writing. (Retains the authority of the Comptroller General to audit a federal agency.) Directs the Comptroller General to complete, before the end of 2010, an audit of the Board of Governors of the Federal Reserve System and of the federal reserve banks, followed by a detailed report to Congress.
United States · United States Congress · 26 February 2009
Teaching Geography is Fundamental Act - Amends the Higher Education Act of 1965 to establish a geography education grant program under title II, Teacher Quality Enhancement. Authorizes the Secretary of Education to award a grant to a national nonprofit educational organization or consortium, with 75% to be used for subgrants to institutions of higher education associated with state geographic alliances, nonprofit educational organizations, or state or local educational agencies. Requires various grantee and subgrantee activities designed to expand geographic literacy among kindergarten through grade 12 students by improving their teachers' professional development programs offered through institutions of higher education. Includes among such activities state-based conferences to assess geographic literacy and identify improvement strategies.
![Official portrait of Sen. Welch, Peter [D-VT]](https://www.congress.gov/img/member/fd3cb364b8bf93c25834cff750637802_200.jpg)