United States · United States Congress · 5 May 2005
New GI Bill of Rights for the 21st Century Act - Revises, expands, or provides new rights and benefits for members of the Armed Forces, veterans, and their dependents and survivors, including, among others: (1) an FY 2006 increase in funding for veterans' medical care; (2) a prohibition until the end of FY2006 on medication copayments and on the imposition of a health care system enrollment fee; (3) an extension until 2010 of Vietnam veterans' eligibility for readjustment counseling services; (4) the collection of data from pre- and post-deployment health assessments, and preventive maintenance post-deployment intervention; (5) the prevention, early detection, and treatment of post-traumatic stress disorder (PTSD) for returning troops; (6) a Department of Defense/Department of Veterans Affairs Council on Post-Deployment Mental Health; (7) survivors' and dependents' eligibility for family and bereavement counseling; (8) certain educational initiatives; (9) a National Steering Committee on PTSD Education and a PTSD public awareness program; (10) certain benefits and outreach services for disabled veterans; (11) an increase in survivors' dependency and indemnity compensation (DIC); (12) certain pay increases and bonuses for active-duty members; (13) an expansion of benefits under under both the active-duty and reserve Montgomery GI Bill programs; (14) employment assistance for homeless veterans; (15) expanded reserve member eligibility under the TRICARE program (a Department of Defense managed health care program); (16) certain recruitment and retention incentives for Selected Reserve members; and (17) certain pay matters with respect to Federal employees performing active-duty reserve service. Repeals the: (1) DIC offset from Survivor Benefit Plan surviving spouse annuities; (2) pay reduction and high school graduation requirement for participation in the Montgomery GI Bill educational assistance program; (3) delimiting date for entitlement to basic educational assistance under such program; (4) time limitation on the exclusion of combat zone compensation by reason of hospitalization; (5) tax cut (implemented in 2001) for high-income taxpayers; (6) scheduled termination of the phaseout of personal exemptions; and (6) scheduled phaseout of the overall limitation on itemized deductions.
United States · United States Congress · 5 May 2005
Student Bill of Rights - Directs the Secretary of Education to make annual determinations as to whether each state's public school system provides all its students with educational resources to succeed academically and in life. Requires such education to enable students to: (1) acquire knowledge and skills necessary for responsible citizenship; (2) meet challenging academic achievement standards; and (3) compete and succeed in a global economy. Requires each system to do so through: (1) providing specified fundamentals of educational opportunity to students at each public elementary and secondary school; (2) providing educational services in school districts that receive funds for disadvantaged students that are, taken as a whole, at least comparable to educational services provided in school districts not receiving such funds; and (3) complying with any final federal or state court order in any matter concerning the adequacy or equitableness of the system. Requires withholding of specified portions of its federal funding for administrative expenses if a system: (1) fails to meet a yearly interim goal; (2) does not remedy, after two school years, a failure to provide comparable educational services to schools that receive funds for disadvantaged children; or (3) does not comply with a court order. Allows students or parents aggrieved by violations of this Act to bring civil actions for enforcement in federal district courts. Directs the Commissioner of Education Statistics to study the effects of educational disparities on economic growth and on national defense.
United States · United States Congress · 4 May 2005
Gas Price Spike Act of 2005 - Amends the Internal Revenue Code to impose a windfall profit tax on crude oil, natural gas, or products of crude oil or natural gas. Defines "windfall profit" as so much of the profit on a sale of crude oil, natural gas, or related products as exceeds a reasonable profit. Establishes the Reasonable Profits Board to determine levels of reasonable profit from the sale of such products. Allows a tax credit for the purchase of certain fuel-efficient, American-made passenger vehicles. Authorizes the Secretary of Transportation to make grants to operators of mass transit systems, including bus and commuter rail systems, to reduce passenger fares on such systems.
United States · United States Congress · 28 April 2005
San Francisco Old Mint Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 100,000 $5 gold coins and 500,000 $1 silver coins emblematic of the San Francisco Old Mint Building, its importance to California and U.S. history, and its role in rebuilding San Francisco after the 1906 earthquake and fire. Requires that all surcharges received by the Secretary from such coin sales be promptly paid to the San Francisco Museum and Historical Society for purposes of rehabilitating the Historic Old Mint in San Francisco as a city museum and an American Coin and Gold Rush Museum.
United States · United States Congress · 28 April 2005
Living Organ Donor Job Security Act of 2005 - Amends the Family and Medical Leave Act of 1993 (FMLA) to entitle employees covered by FMLA to leave to provide a living organ donation, including for time spent for: (1) tests to determine medical suitability of the employee for donation; (2) physical, psychological, and social evaluations of the donor; (3) pretransplant outpatient services; (4) postoperative inpatient and outpatient transplantation services; (5) travel in connection with such tests, evaluations, and services; and (6) recuperation.
United States · United States Congress · 28 April 2005
Saudi Arabia Accountability Act of 2005 - Expresses the sense of Congress that the Government of Saudi Arabia must immediately and unconditionally: (1) cooperate fully with the United States in the investigation of terror groups and individuals; (2) close permanently all organizations in Saudi Arabia that fund, train, encourage, or in any way aid terrorism anywhere in the world; (3) end funding for terror organizations outside Saudi Arabia; and (4) block funding from private Saudi citizens and entities to Saudi-based or offshore terror organizations. Directs the President to prohibit certain exports to Saudi Arabia and restrict travel of certain Saudi diplomats if the President cannot certify to the appropriate congressional committees that the Government of Saudi Arabia: (1) is fully cooperating with the United States in investigating and preventing terrorist attacks; (2) has closed permanently all Saudi-based terror organizations; (3) has ended funding for any offshore terror organization; and (4) has made all efforts to block funding from private Saudi citizens and entities to offshore terror organizations. Allows the President to waive such sanctions for national security reasons.
United States · United States Congress · 27 April 2005
Presidential Succession Act of 2005 - Modifies the presidential succession list to include, following the Secretary of Veterans Affairs, the Secretary of Homeland Security, the Ambassador to the United Nations, the Ambassador to Great Britain, the Ambassador to Russia, the Ambassador to China, and the Ambassador to France. Revises the provision specifying how long an acting President shall serve to provide that an acting President shall continue to serve as such until the expiration of the then current Presidential term or until the disability of the President or Vice-President is removed. Expresses the sense of Congress with respect to: (1) votes by electors after the death or incapacity of nominees; and (2) the continuity of government and the transition of executive power.
United States · United States Congress · 26 April 2005
Cigarette Fire Safety Act of 2005 - Requires the Consumer Product Safety Commission to prescribe fire safety standards for cigarettes that, except as provided in this Act, are substantively the same as specified standards promulgated by the State of New York. Directs sponsors of testing methodologies employed under this Act to notify the Commission of any modifications in such methodologies. Authorizes the Commission to modify established fire safety standards to incorporate modifications that will enhance those standards. Requires fire safety standards promulgated under this Act to be treated as consumer product safety standards, and directs that cigarettes shall be treated as consumer products, under the Consumer Product Safety Act (CPSA). Precludes the preemption by this Act of the New York standard or more stringent fire safety standards for cigarettes promulgated by any State. Makes the CPSA's private remedy provisions applicable to fire safety standards promulgated under this Act. Denies the Commission any jurisdiction over tobacco or tobacco products except as provided in this Act.
United States · United States Congress · 26 April 2005
Breast Cancer Patient Protect Action of 2005 - 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 or a health issuer offering group health insurance coverage 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 or issuer 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; 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 full coverage is provided for secondary consultations by specialists in the appropriate medical fields to confirm or refute a diagnosis of cancer. Applies such requirements to health insurance issuers offering coverage in the individual market.
United States · United States Congress · 26 April 2005
Recognizes the 60th anniversary of the end of World War II in Europe. Expresses respect and appreciation to the men and women who served in the European theater during World War II. Remembers and pays tribute to those Americans who gave their lives for their country.
United States · United States Congress · 21 April 2005
America's Red Rock Wilderness Act of 2005 - Designates specified lands in the following areas of Utah as components of the National Wilderness Preservation System: (1) Great Basin; (2) Zion and Mojave Desert; (3) the Grand Staircase and the Escalante Canyons; (4) Moab-LaSal Canyons; (5) Henry Mountains; (6) Glen Canyon; (7) San Juan-Anasazi; (8) Canyonlands Basin; (9) San Rafael Swell; and (10) Book Cliffs and Uinta Basin. Sets forth administrative provisions regarding: (1) filing by the Secretary of the Interior of a map and a legal description of each designated wilderness area with appropriate congressional committees; (2) the exchange of State-owned lands within such areas; (3) Federal reservation of water rights; (4) measurement of setbacks for roads with wilderness; (5) authorized livestock grazing; and (6) withdrawal of such lands from disposition under certain public land laws.
United States · United States Congress · 21 April 2005
Expresses the sense of the Congress that: (1) the maritime boundaries established in the 1923 Lausanne Treaty of Peace, the 1932 Convention and Protocol Between Italy and Turkey, and the 1947 Paris Treaty of Peace, under which the Dodecanese islands and adjacent islets were ceded by Italy to Greece, are the borders between Greece and Turkey in the Aegean Sea; and (2) any party, including Turkey, objecting to such boundaries should seek redress in the International Court of Justice (ICJ) at The Hague.
United States · United States Congress · 20 April 2005
Korean Immigration Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 silver coins emblematic of the immigration of Koreans into the United States and the significant contributions of Korean Americans to this Nation. Restricts such issuance to the one-year period beginning on January 1, 2011.
United States · United States Congress · 20 April 2005
America's Better Classroom Act of 2005 - Amends the Internal Revenue Code to allow a tax credit for investment in qualified public school modernization bonds. Includes within the definition of "qualified public school modernization bonds" bonds for the construction, rehabilitation, or repair of a public school facility or for the acquisition of land for such facility (qualified school construction bonds) and bonds to finance certain academic programs below the postsecondary level in empowerment zones or enterprise communities (qualified zone academy bonds). Establishes a national limitation on the amount of bonds designated as public school construction bonds and zone academy bonds and provides for the allocation of bond amounts among the States according to a specified formula. Limits the term of such bonds to 15 years and terminates the authority for issuance of such bonds after September 30, 2010. Amends the General Education Provisions Act to apply certain labor standards to public school construction projects financed by this Act. Amends the Workforce Investment Act of 1998 to require States to establish employment and training programs relating to the construction or reconstruction of public school facilities.
United States · United States Congress · 20 April 2005
Investment in America Act of 2005 - Amends the Internal Revenue Code to: (1) make permanent the tax credit for increasing research activities; (2) increase the rates of the alternative incremental tax credit for research expenses; and (3) permit a taxpayer election of an alternative simplified tax credit for research expenses.
United States · United States Congress · 19 April 2005
Second Chance Act of 2005: Community Safety Through Recidivism Prevention or the Second Chance Act of 2005 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to reauthorize, rewrite, and expand provisions regarding adult and juvenile offender reentry demonstration projects, including by authorizing funds to: (1) provide structured post-release housing and transitional housing; (2) facilitate specified collaboration to promote the employment of people released from prison and jail; (3) carry out programs that support children of incarcerated parents; and (4) establish or expand the use of reentry courts. Sets forth grant priorities and requirements, including that each state, territory, tribe, or local government recipient establish a Reentry Task Force or other authority. Authorizes the Attorney General to make a grant to provide for the establishment of a National Adult and Juvenile Offender Reentry Resource Center. Directs the Attorney General to establish an interagency task force on federal programs regarding offender reentry. Authorizes the National Institute of Justice and the Bureau of Justice Statistics to conduct research on offender reentry. Directs: (1) the Secretary of Health and Human Services to review the role of state child protective services at the time of arrest and establish services for the preservation of families impacted by the incarceration of a family member; and (2) the Secretary of Labor to implement a program to educate employers about one-stop centers, existing incentives for the hiring of former prisoners, and tax credits, and to make grants to nonprofit organizations to provide transitional services. Amends the federal criminal code to direct a court to revoke a term of supervised release or a sentence of probation for a defendant who commits a crime of violence against, or an offense of unlawful sexual contact with, a person who has not attained the age of 16 years.
United States · United States Congress · 19 April 2005
Gulf of the Farallones and Cordell Bank National Marine Sanctuaries Boundary Modification and Protection Act - Declares it is U.S. policy to protect and preserve living and other resources of the Gulf of the Farallones National Marine Sanctuary (Farallones NMS) and Cordell Bank National Marine Sanctuary (Cordell Bank NMS) marine environments. Makes certain adjustments to expand the boundaries of the Farallones NMS and the Cordell NMS. Prohibits within the Farallones NMS and the Cordell Bank NMS: (1) the leasing, exploration, development, production, or transporting by pipeline of minerals or hydrocarbons; (2) the conduct of aquaculture (with exceptions); and (3) the discharge of materials and substances or a change in the salinity. Prohibits the conduct of aquaculture within Monterey Bay National Marine Sanctuary. Directs the Secretary of Commerce to complete an interim supplemental management plan for each sanctuary that focuses on protective resource management in the areas added by this Act. Requires the Secretary to review the operations of the Farallones NMS to determine whether area added to it by this Act shall be designated as a new and separate NMS.
United States · United States Congress · 19 April 2005
Sportsmanship in Hunting Act of 2005 - Amends the Federal criminal code to prohibit knowingly transferring, transporting, or possessing a confined exotic animal for purposes of allowing the killing or injuring of that animal for entertainment or the collection of a trophy.
United States · United States Congress · 19 April 2005
Prevention First Act - Title X Family Planning Services Act of 2005 - Authorizes appropriations for family planning services grants and contracts under the Public Health Service Act (PHSA). Family Planning State Empowerment Act - Amends title XIX (Medicaid) of the Social Security Act to allow States to provide family planning services and supplies to certain individuals not otherwise eligible for Medicaid. Equity in Prescription Insurance and Contraceptive Coverage Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and PHSA to prohibit a group health plan, and a health insurance issuer providing group coverage, from excluding or restricting benefits in any way for prescription contraceptive drugs, devices, and outpatient services if the plan provides benefits for other outpatient prescription drugs, devices, or outpatient services. Amends PHSA to apply those prohibitions to coverage offered in the individual market. Emergency Contraception Education Act - Directs the Secretary of Health and Human Services to develop and disseminate information on emergency contraception to the public and to health care providers. Compassionate Assistance for Rape Emergencies Act - Requires hospitals, as a condition of receiving Federal funds, to offer and to provide, upon request, emergency contraception to victims of sexual assault. Preventing Teen Pregnancy Act - Amends PHSA to authorize the Secretary to award grants to public and private entities to establish or expand teenage pregnancy prevention programs. Truth in Contraception Act - Requires that any information concerning the use of a contraceptive provided through specified federally funded education programs be medically accurate and include health benefits and failure rates.
United States · United States Congress · 19 April 2005
Employee Free Choice Act - Amends the National Labor Relations Act to require the National Labor Relations Board to certify a bargaining representative without directing an election if a majority of the bargaining unit employees have authorized designation of the representative 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. Provides, under injunction provisions, for priority to be given to preliminary investigation of charges of violations by employers or other entities. Adds to remedies for such violations: (1) back pay plus liquidated damages; and (2) additional civil penalties.
United States · United States Congress · 19 April 2005
Paycheck Fairness Act - Amends the portion of the Fair Labor Standards Act of 1938 (FLSA) known as the Equal Pay Act to revise remedies for and enforcement of prohibitions against sex discrimination in the payment of wages to: (1) add nonretaliation requirements; (2) increase penalties; and (3) authorize the Secretary of Labor (the Secretary) to seek additional compensatory or punitive damages. Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination. Authorizes the Secretary to make grants to eligible entities for negotiation skills training programs for girls and women. Directs the Secretaries of Labor and Education to issue regulations or policy guidance to integrate such training into certain programs under their Departments. Directs the Secretary to provide for certain studies, information, national summit, and guidelines, awards, and assistance for employer evaluations of job categories based on objective criteria. Establishes the Secretary of Labor's National Award for Pay Equity in the Workplace. Amends the Civil Rights Act of 1964 to require the EEOC to collect certain pay information. Directs: (1) the Commissioner of Labor Statistics to collect data on woman workers in the Current Employment Statistics survey; (2) the Office of Federal Contract Compliance Programs to use specified types of methods in investigating compensation discrimination and in enforcing pay equity; and (3) the Secretary to make accurate information on compensation discrimination readily available to the public.
United States · United States Congress · 13 April 2005
Salmon Planning Act - Requires the Secretary of Commerce (Secretary) to enter into an arrangement with the National Academy of Sciences for scientific analysis of Federal salmon and steelhead recovery efforts. Requires the Comptroller General to study the potential effects of partially removing the four lower Snake River dams, including those on: (1) the economy of surrounding communities; (2) water transportation; (3) irrigation; (4) energy production; and (5) the extinction of salmon and steelhead populations in Snake River. Authorizes the Secretary of the Army, acting through the Corps of Engineers, to partially remove the dams if found necessary by: (1) the Secretary to restore Snake River salmon and steelhead populations to meet obligations under the Endangered Species Act of 1973; (2) the Secretary of the Interior to meet treaty obligations to Indian tribes or other sovereign nations; or (3) the Administrator of the Environmental Protection Agency to meet requirements of the Federal Water Pollution Control Act.
United States · United States Congress · 13 April 2005
Faster FOIA Act of 2005 - Establishes a 16-member Commission on Freedom of Information Act Processing Delays to conduct a study concerning methods to reduce delays in processing Freedom of Information Act (FOIA) requests submitted to Federal agencies.
United States · United States Congress · 12 April 2005
Computer-Assisted Remote Hunting Act - Amends the Federal criminal code to prohibit and to establish penalties for knowingly making available a computer-assisted remote hunt (i.e., using a computer or other device, equipment, or software to allow a person remotely to control the aiming and discharge of a weapon to kill or injure an animal while not in the targeted animal's physical presence).
United States · United States Congress · 12 April 2005
Veterans Prescription Access Improvement Act - Requires the Secretary of Veterans Affairs to furnish to a veteran such drugs and medicines as may be ordered on prescription of a duly licensed physician in the treatment of any illness or injury of such veteran. (Currently, other requirements must be met before such veterans will be furnished drugs and medicines on private practitioner prescriptions.)
United States · United States Congress · 12 April 2005
Dietary Supplement and Healthy Meal Replacement Tax Parity Act of 2005 - Amends the Internal Revenue Code to qualify dietary supplements and meal replacement products that are authorized by the Food and Drug Administration (FDA) to make certain health claims as tax deductible medical expenses.
United States · United States Congress · 12 April 2005
Pakistan Proliferation Accountability Act of 2005 - Expresses the sense of Congress that: (1) the U.S. Government has an interest in knowing the full extent of the illegal international nuclear proliferation network established and operated by the Pakistani nuclear scientist, Dr. Abdul Qadeer Khan; and (2) Dr. Khan should give the U.S. Government a full accounting of such network. Prohibits U.S. military assistance to Pakistan until the President certifies to the appropriate congressional committees that: (1) the Government of Pakistan has provided the United States with unrestricted opportunities to interview Dr. Khan, and has complied with International Atomic Energy Agency (IAEA) requests regarding such network; and (2) the U.S. Government has determined such network's full scope of activities and participants, determined the nature of its connection to al Qaeda and Osama bin Laden, and, in conjunction with the IAEA, has confirmed its dismantling.
United States · United States Congress · 6 April 2005
Ending Tax Breaks for Discrimination Act of 2005 - Amends the Internal Revenue Code to deny all tax deductions for business expenses (including advertising expenses) associated with the use of a private club that discriminates on the basis of sex, race, or color.
United States · United States Congress · 6 April 2005
Directs the Secretary of the Interior to make grants and create a program within the National Park Service to support and work in partnership with citizens, governmental and tribal organizations, educational institutions, and nonprofit organizations for the purpose of identifying, protecting, and acquiring historic confinement sites where Japanese Americans were detained during World War II in order to gain inspiration from these sites and to demonstrate the Nation's commitment to equal justice. Directs the Secretary, in consultation with the Japanese American National Heritage Coalition, to make grants to citizens, States, local, and tribal governments, other public entities, educational institutions, and private nonprofit organizations to assist in carrying out the actions described above. Provides for the Secretary to require a 25 percent non-Federal match for funds provided under this Act. Terminates the force and effect of this Act two years after the disbursement to grantees of the total amount of funds authorized to be appropriated under this Act.
United States · United States Congress · 6 April 2005
Notes with concern the unwillingness of past Romanian governments to provide fair restitution of religious property that was confiscated by the former Communist government of Romania. Calls on the Government of Romania to: (1) respect the constitutional rights of existence and practice of all religious communities to celebrate and practice their own religion in respectable locations; (2) provide fair restitution to all religious communities under Romanian law and in accordance with the Constitution of Rumania and all international agreements to which Romania is a party; and (3) amend Decree-Law 126/1990 to require that claims involving Romanian Greek Catholic properties be heard by an independent nonreligious commission, and to prevent the demolition of Greek Catholic churches.
United States · United States Congress · 6 April 2005
Commemorates the 60th anniversary of the passing of Franklin Delano Roosevelt, the 32nd President of the United States. Honors his vital legacy and his profound contributions to the Nation. Calls upon all Americans to honor President Roosevelt for his steadfast leadership and extensive and lasting contributions to the security and prosperity of all Americans.
United States · United States Congress · 17 March 2005
Darfur Genocide Accountability Act of 2005 - Expresses the sense of Congress that the atrocities unfolding in Darfur, Sudan, are genocide. Directs the President to: (1) block the property and assets of civil and military officials of the Government of Sudan and their family members implicated in the Darfur atrocities, and property and assets controlled by the National Congress Party; and (2) prohibit an entity engaged in any commercial activity in Sudan from raising capital in the United States, or from trading its securities in any capital market in the United States. Directs the Secretary of State to: (1) prohibit visas for civil and military officials of the Government of Sudan, and militia members and others implicated in the Darfur atrocities; (2) reduce the Sudanese diplomatic mission in Washington, D.C., and restrict or control the remaining staff's movement within the United States; and (3) instruct the U.S. Permanent Representative to the United Nations (UN) to oppose any UN or other international conference from being held in Sudan. Authorizes the President to: (1) use force to stop the Darfur genocide, including establishment of a no-fly zone and use of unmanned armed planes; and (2) deny U.S. port entry to ships doing business in the Sudan oil sector and /or with the Sudan armed forces.
United States · United States Congress · 17 March 2005
Clean Smokestacks Act of 2005 - Amends the Clean Air Act (CAA) to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations to achieve specified reductions in aggregate emissions of sulfur dioxide, nitrogen oxide, carbon dioxide, and mercury from powerplants (electric generation facilities with a nameplate capacity of 15 megawatts or more that use a combustion device to generate electricity for sale) by January 1, 2010. States that regulations promulgated under this Act may require additional emissions reductions if the Administrator determines that the specified reductions are not reasonably anticipated to protect public health or welfare. Directs the Administrator to coordinate with other Federal and State agencies to increase energy efficiency, to increase the use of renewable energy, and to implement cost saving advanced demand and supply side policies. Requires powerplants, on the later of the date 30 years after the powerplant commenced operation or five years after this Act's enactment, to comply with the most recent new source performance standards under CAA provisions regarding air quality and emissions limitations and with specified requirements for modified sources.
United States · United States Congress · 17 March 2005
NICS Improvement Act of 2005 - Amends the Brady Handgun Violence Prevention Act to require: (1) the head of each Federal agency that has records relating to persons for whom receipt of a firearm would violate Federal or State law to provide that information to the Attorney General for inclusion in the National Instant Criminal Background Check System (NICS); (2) the agency, upon being made aware that the basis under which a record was made available no longer applies, to correct the record and notify the Attorney General; and (3) the Secretary of Homeland Security to make available to the Attorney General records relevant to a determination that a person is disqualified from possessing or receiving a firearm and information about a change in such person's status for removal from NICS, where appropriate. Directs the Attorney General to make grants to: (1) States and Indian tribal governments to establish or upgrade information and identification technologies for firearms eligibility determinations; and (2) States for use by the State court system to improve the automation and transmittal to Federal and State record repositories of criminal history dispositions, records relevant to determining whether a person has been convicted of a misdemeanor crime of domestic violence, court orders, and mental health adjudications or commitments. Requires: (1) the Director of the Bureau of Justice Statistics to study and evaluate NICS operations and to report annually to Congress and to specified States regarding best practices; and (2) the Comptroller General to conduct an audit of the expenditure of all funds appropriated for criminal records improvement to determine how the funds were expended.
United States · United States Congress · 17 March 2005
Paul Wellstone Mental Health Equitable Treatment Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act to prohibit a group health plan or group health coverage that provides both medical and surgical benefits and mental health benefits from imposing treatment limitations or financial requirements on the mental health benefits unless comparable limitations or requirements are imposed on medical and surgical benefits. Excludes such requirements for plans and coverage for small employers. Allows a plan or coverage that provides in-network mental health benefits to provide out-of-network mental health benefits using treatment limitations or financial requirements that are not comparable to those applied to medical-surgical benefits if the in-network mental health benefits are provided at parity with medical-surgical benefits and with reasonable access. Requires the Government Accountability Office (GAO) to: (1) study the effects of this Act on health insurance costs and access and quality of health care; and (2) provide a cost estimation of extending such requirements to the treatment of substance abuse and chemical dependency.
United States · United States Congress · 17 March 2005
Cesar E. Chavez Congressional Gold Medal Act - Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation, on behalf of Congress, of a gold medal to the next of kin or other personal representative of Cesar E. Chavez in recognition of his service to the Nation. (Chavez organized farm workers to campaign for safe and fair working conditions, founded the National Farm Workers Association-- predecessor of the United Farm Workers of America-- and was a recipient of the Martin Luther King Jr. Peace Prize and the Presidential Medal of Freedom.)
United States · United States Congress · 17 March 2005
Smuggled Tobacco Prevention Act of 2005 - Amends the Internal Revenue Code to require all packages of tobacco products to carry a unique legibly printed serial number by which the Secretary of the Treasury can identify the manufacturer or importer and the location and date of manufacture or importation. Requires tobacco products sold on Indian reservations to be labeled as such. Requires a person to post a bond with the Secretary in order to export tobacco products. Requires a tobacco wholesaler to have a permit and to maintain certain records. Requires export warehouse proprietors to file certain reports with the Secretary. Authorizes the Secretary to enter into certain tobacco related information exchange agreements with foreign countries. Establishes new criminal offenses relating to the distribution of tobacco products. Raises the $1,000 civil penalty for violations relating to tobacco products to $10,000. Amends the Contraband Cigarette Trafficking Act to: (1) expand the applicability of such Act from cigarettes only to tobacco products (cigars, cigarettes, smokeless tobacco, pipe tobacco, and roll-your-own tobacco); (2) define a "contraband tobacco product" as a quantity of tobacco product that is equivalent to or more than 2,000 cigarettes (currently, 60,000) which bear no evidence of the payment of applicable State tobacco taxes and that is possessed illegally; and (3) establish new unlawful acts. Allows a State tobacco tax authority to bring a civil action in U.S. district court for the collection of State cigarette taxes. Prohibits retaliation against employees (whistleblowers) who provide information in contraband tobacco cases. Provides for administrative and judicial remedies for such whistleblowers.
United States · United States Congress · 17 March 2005
Stamp Out Censorship Act of 2005 - Amends the Communications Act of 1934 to limit the Federal Communications Commission's authority to impose forfeiture penalties for indecent utterances to the broadcast of such utterances by a radio or television broadcasting station.
United States · United States Congress · 17 March 2005
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, including through disclosure, annual registration, inspection, recordkeeping, and user fee requirements. Sets forth criteria by which tobacco products are deemed adulterated or misbranded. Allows the Secretary to require prior approval of all label statements. Allows the Secretary to restrict the sale or distribution of tobacco products, including advertising and promotion, if the Secretary determines that such regulation would be appropriate for the protection of the public health. Prohibits such regulations from: (1) limiting product sales or distribution to authorization of a practitioner licensed to prescribe medical products; (2) prohibiting product sales in face-to-face transactions by a specific category of retail outlets; or (3) establishing a minimum age greater than 18 years of age for product purchases. Prohibits cigarettes from containing any artificial or natural flavor (other than tobacco or menthol) or an herb or spice, including strawberry, cinnamon, or coffee. Requires the Secretary to establish tobacco product standards to protect the public health, but reserves to Congress the power to ban any tobacco products or reduce the nicotine level to zero. Allows the Secretary to take specified actions, including public notification and recall, against unreasonably harmful products. Requires premarket approval of all new tobacco products. Sets forth standards for the sale of modified risk tobacco products. Sets forth provisions regarding: (1) judicial review; (2) coordination with the Federal Trade Commission (FTC); (3) congressional review of regulations; and (4) state and local authority. Requires the Secretary to establish a Tobacco Products Scientific Advisory Committee. Amends the Federal Cigarette Labeling and Advertising Act to change cigarette warning label and advertising requirements. Amends the Comprehensive Smokeless Tobacco Health Education Act of 1986 to change smokeless tobacco warning label and advertising requirements.
United States · United States Congress · 17 March 2005
Clean Water Authority Restoration Act of 2005 - Amends the Federal Water Pollution Control Act to replace the term "navigable waters," throughout the Act, with the term "waters of the United States," defined to mean all waters subject to the ebb and flow of the tide, the territorial seas, and all interstate and intrastate waters and their tributaries, including lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, natural ponds, and all impoundments of the foregoing, to the fullest extent that these waters, or activities affecting them, are subject to the legislative power of Congress under the Constitution.
United States · United States Congress · 17 March 2005
Expresses the sense of Congress that the community development block grant program should remain under the administration of the Secretary of Housing and Urban Development.
United States · United States Congress · 16 March 2005
Veterans Employment and Respect Act of 2005 - Amends the Internal Revenue Code to allow employers a work opportunity tax credit for hiring certain: (1) veterans of military service in Afghanistan or Iraq; and (2) dependents of deceased members of the Armed Forces who served in Afghanistan and Iraq.
United States · United States Congress · 16 March 2005
Medicare Patient Access to Physical Therapists Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to authorize qualified physical therapists to provide services for Medicare beneficiaries without the requirement of a physician referral. Provides for treatment of outpatient speech-language pathology services separately from outpatient physical therapy services.
United States · United States Congress · 16 March 2005
Calls on Turkey to: (1) demonstrate that it is willing to abide by European Union (EU) laws; (2) eliminate all forms of discrimination, particularly those based on race or religion, and grant the Ecumenical Patriarch appropriate international recognition and ecclesiastic succession; and (3) safeguard religious and human rights. Encourages Turkey to continue the advancement of processes and programs to modernize and democratize its own society.
United States · United States Congress · 15 March 2005
Emergency Retiree Health Benefits Protection Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide emergency protections for retiree health benefits. Prohibits group health plans from making post-retirement reductions of retiree health benefits. Requires group health plans to adopt provisions barring post-retirement reductions in retiree health benefits. Requires group health plans to restore benefits reduced after retirement. Authorizes the Secretary of Labor to waive or vary such requirements, if a plan sponsor applies for such exemption, upon finding that compliance would: (1) be adverse to the interests of plan participants in the aggregate; (2) not be administratively feasible; and (3) cause substantial business hardship to the sponsor. Establishes the Emergency Retiree Health Loan Guarantee Program and its Board. Authorizes the Program, through its Board, to guarantee loans provided by private banking and investment institutions to eligible plan sponsors to assist them in meeting obligations under this Act to restore benefits reduced after retirement. Authorizes the Secretary to assess civil penalties for violations of this Act.
United States · United States Congress · 15 March 2005
Assault Weapons Ban and Law Enforcement Protection Act of 2005 - Reinstates for ten years repealed criminal provisions regarding assault weapons and large capacity ammunition feeding devices (the assault weapons ban). Revises the definition of "semiautomatic assault weapon" to include conversion kits (for converting a firearm to such a weapon) and any semiautomatic rifle or pistol that has an ability to accept a detachable magazine and that has specified characteristics, including a telescoping stock. Prohibits the transfer of such a weapon except through a licensed dealer or a State or local law enforcement agency, subject to specified requirements. Directs the Attorney General to: (1) establish and maintain a record of the make, model, and date of manufacture of any such weapon which the Attorney General is made aware has been used in relation to a crime, and of the nature and circumstances of the crime involved; and (2) annually submit the record to Congress and make it available to the public. Prohibits: (1) the transfer of any assault weapon with a large capacity ammunition feeding device; and (2) a licensed manufacturer, importer, or dealer who transfers such a device that was manufactured on or before this Act's enactment from failing to certify to the Attorney General, within 60 days of the transfer date, that the device was manufactured on or before that date. Sets penalties for violations. Prohibits: (1) the transfer of such a weapon or device to a juvenile; and (2) the importation of such a device.
United States · United States Congress · 15 March 2005
Kidney Care Quality and Improvement Act of 2005 - Directs the Secretary of Health and Human Services to: (1) grant full coverage of dialysis access procedures in the ambulatory surgical center setting for individuals with end-stage renal disease (ESRD) who are entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B (Hospital Insurance); and (2) structure the relative value units applicable to physicians' services for vascular access procedures to encourage clinically appropriate placement of natural vascular access for dialysis patients. Directs the Secretary to establish demonstration projects for an outcomes-based ESRD financial incentives reimbursement system to evaluate methods that improve the quality of care provided to Medicare beneficiaries with end-stage renal disease. Sets forth required training for patient care dialysis technicians. Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for the: (1) establishment of annual update framework for the Medicare end stage renal disease composite rate; and (2) extension of Medicare as secondary payer. Directs the Comptroller General to study and report to Congress on the impact of the temporary codes (G-codes) for nephrologists' services applicable under the Medicare fee schedule for physician's services. Requires the Secretary to establish demonstration projects to: (1) increase public awareness about chronic kidney disease; (2) enhance surveillance systems and expand chronic kidney disease research; and (3) enable individuals with ESRD to develop self-management skills. Amends SSA title XVIII to provide for Medicare coverage of kidney disease patient education services. Directs the Secretary to: (1) establish blood flow monitoring demonstration projects; (2) provide for appropriate incentives to improve the Medicare home dialysis benefit; (3) arrange with the Institute of Medicine of the National Academy of Sciences to evaluate the barriers to increasing the number of individuals with ESRD who elect to receive home dialysis services under Medicare; and (4) establish an independent, multidisciplinary, nonpartisan End-Stage Renal Disease Advisory Committee.
![Official portrait of Rep. Sherman, Brad [D-CA-32]](https://www.congress.gov/img/member/s000344_200.jpg)