United States · United States Congress · 16 February 2005
Help Our Patriotic Employers at Helping Our Military Employees Act or HOPE at HOME Act - Entitles a Federal employee who is a member of a reserve component and is absent from Federal employment under a call or order to active duty for a period of more than 30 days to the difference between the amount of the civilian base pay that would otherwise have been payable to such employee for such period and the amount of military compensation received for the active-duty service. Continues such entitlement: (1) while the employee is hospitalized for, or convalescing from, an injury or illness incurred in or aggravated during such active duty; or (2) during the 14-day period following the end of such active duty. Amends the Internal Revenue Code to provide as a general business credit for employers a Ready Reserve-National Guard employee credit equal to the lesser of: (1) 50 percent of the actual compensation paid with respect an employee who is absent from employment during the above periods; or (2) $30,000. Provides for the tax treatment of differential wage payments made under this Act. Provides an employer credit for income differential payments made with respect to the employment of activated military reservist and replacement personnel. Permits, without loss of tax benefits, employer payments to an individual retirement plan while an employee is performing active duty military service for a period of more than 30 days.
United States · United States Congress · 15 February 2005
Stem Cell Research Enhancement Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to conduct and support research that utilizes human embryonic stem cells, regardless of the date on which the stem cells were derived from a human embryo. Limits such research to stem cells that meet the following ethical requirements: (1) the stem cells were derived from human embryos donated from in vitro fertilization clinics for the purpose of fertility treatment and were in excess of the needs of the individuals seeking such treatment; (2) the embryos would never be implanted in a woman and would otherwise be discarded; and (3) such individuals donate the embryos with written informed consent and receive no financial or other inducements.
United States · United States Congress · 15 February 2005
Animal Fighting Prohibition Enforcement Act of 2005 - Amends the Federal criminal code to prohibit: (1) sponsoring or exhibiting a bird in a fighting venture in a State where it would not otherwise be in violation of the law, only if the person knew that any bird in the venture was knowingly bought, sold, delivered, transported, or received in interstate or foreign commerce for such purpose; or (2) knowingly sponsoring or exhibiting in an animal fighting venture any other animal that was moved in interstate or foreign commerce. Prohibits knowingly: (1) selling, buying, transporting, delivering, or receiving, for purposes of transportation in interstate or foreign commerce, any dog or other animal to participate in an animal fighting venture; (2) using interstate mail service for commercial speech promoting an animal fighting venture except as performed outside the limits of the States (with an exception for bird fights in States whose laws allow them); or (3) selling, buying, transporting, or delivering in interstate or foreign commerce a knife, gaff, or other sharp instrument to be attached to the leg of a bird for use in an animal fighting venture. Increases the penalties to a fine and up to two years' imprisonment for violations.
United States · United States Congress · 15 February 2005
Urges the European Union (EU) to classify Hezbollah as a terrorist organization. Condemns Hezbollah's continuous terrorist attacks, and its support of Palestinian terrorist organizations on the EU terrorist list, such as the Al Aqsa Martyrs Brigade, Hamas, the Palestinian Islamic Jihad, and the Popular Front for the Liberation of Palestine.
United States · United States Congress · 14 February 2005
Safe Nursing and Patient Care Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to place limitations on mandatory overtime for nurses, prohibit retaliation against them in any manner with respect to any aspect of employment, and establish civil money penalties for violations of this Act. Directs the Secretary of Health and Human Services to study and report to Congress on standards to establish for the maximum number of hours that a nurse may work without compromising the safety of patients. Requires the Director of the Office of Management and Budget to study and report to Congress on the extent to which federally operated medical facilities have in effect practices and policies for overtime requirements for nurses that are inconsistent with the requirements added by this Act.
United States · United States Congress · 14 February 2005
Save Our Small and Seasonal Businesses Act - Amends the Immigration and Nationality Act to prohibit an alien counted toward the numerical limitation applicable to H-2B nonimmigrants (temporary nonagricultural workers) during any of the three fiscal years prior to submission of an H-2B petition from being counted toward the limitation in the year of petition approval. Makes this provision effective as if enacted on October 1, 2004. Provides for its expiration on October 1, 2006. Requires the Secretary of Homeland Security to impose a fraud prevention and detection fee on employers filing H-2B petitions. Mandates the deposit of such fees into the Fraud Prevention and Detection Account. Authorizes additional penalties for a substantial failure to meet any condition of an H-2B petition or the willful misrepresentation of a material fact in such a petition. Requires the allocation of the numerical limitation on the issuance of H-2B visas (currently, 66,000) such that the total number of H-2B nonimmigrants entering the United States during the first six months of a fiscal year is not more than 33,000. Directs the Secretary to provide the House and Senate Judiciary Committees with information on: (1) the numbers of aliens granted H-2B status or terminated from H-2B status, on a quarterly basis; and (2) the countries of origin, occupations of, and compensation paid to aliens granted H-2B status, the number of aliens terminated from such status, and the number of aliens provided such status during both the fiscal year reported and the preceding fiscal year, on an annual basis. Requires the Secretary of State to provide information relevant to such reports.
United States · United States Congress · 14 February 2005
Recognizes the teams and players of the barnstorming African-American basketball teams for their achievement, dedication, sacrifices, and contribution to basketball and to the nation prior to the integration of the white professional leagues.
United States · United States Congress · 10 February 2005
Next Generation Hispanic-Serving Institutions Act - Amends the Higher Education Act of 1965 to revise requirements for Hispanic-serving institutions (HSIs) under title V (Developing Institutions). Establishes a program of competitive grants to eligible HSIs that offer postbaccalaureate certifications or degrees (part B grants). Limits a part B grant award's duration to not more than five years. Prohibits the Secretary of Education from awarding more than one part B grant to an HSI in any one fiscal year. Authorizes appropriations for: (1) the current part A program of grants to HSIs that offer baccalaureate degrees or are junior or community colleges; and (2) the new part B program of grants to HSIs that offer postbaccalaureate certifications or degrees. Eliminates the requirement that an eligible HSI provide assurances that at least 50 percent of its Hispanic students are low-income students. Includes, among authorized activities under part A grants, articulation agreements and student support programs to help transfers from two-year to four-year institutions. Eliminates the two-year wait-out period between any two five-year part A grants to an HSI.
United States · United States Congress · 10 February 2005
Resuming Education After Defense Service Act of 2005 - Makes eligible for basic educational assistance under the Montgomery GI Bill a member of the Selected Reserve who (among other qualifications), during the period beginning on September 11, 2001, and ending on December 31, 2006, serves on active duty in the Armed Forces for one or more periods aggregating not less than two years. Entitles such individuals to one month of educational assistance for each month served on active duty. Makes the amount of such assistance equivalent to that provided for active-duty personnel who have served a minimum of two years of active duty. Requires the basic pay of qualifying members to be reduced by $100 for each of first 12 months of such active duty service. Requires the Secretaries of the military departments concerned to inform eligible Selected Reserve personnel of such entitlement.
United States · United States Congress · 10 February 2005
Climate Stewardship Act of 2005 - Expands Federal climate change research initiatives by: (1) establishing a graduate fellowship program; (2) creating a grant program for research in identified priority areas; and (3) instituting research programs on potential abrupt climate change and greenhouse gas (GHG) related standards, measurement technologies, and processes. Amends the Coastal Zone Management Act of 1972 to require the Secretary of Commerce to: (1) report to Congress on the oceanic and coastal impacts of climate change; and (2) assist certain coastal States in preparing persons to adapt to climate change. Requires the Administrator of the Environmental Protection Agency (EPA) to establish a National Greenhouse Gas Database consisting of: (1) an inventory of GHG emissions by covered entities (specified entities that emit more than 10,000 metric tons of GHGs per year); and (2) a registry of GHG emission reductions and increased sequestration, applicable to both covered and noncovered entities. Establishes a program for the market-driven reduction of GHGs by covered entities through the use of tradeable emissions allowances. Requires covered entities, beginning in 2010, to submit to the Administrator one tradeable allowance for every metric ton of GHGs emitted. Allows tradeable allowances to be sold, exchanged, purchased, retired, or otherwise used as authorized by this Act. Establishes the Climate Change Credit Corporation (CCCC) to receive, manage, buy, and sell tradeable allowances. Directs the Administrator to make allocations of allowances to covered sectors and entities, and to the CCCC, providing initial allocations for early action and accelerated participation. Imposes civil penalties on covered entities that fail to submit allowances.
United States · United States Congress · 9 February 2005
Waives certain time limitations with respect to the posthumous award of the Medal of Honor to Doris Miller for acts of heroism during World War II as a member of the United States Navy.
United States · United States Congress · 9 February 2005
Federal Firefighters Fairness Act of 2005 - Amends Federal law to provide that, with regard to an employee in fire protection activities: (1) heart disease, lung disease, specified cancers and infectious diseases shall be presumed to be proximately caused by the employee's employment; (2) the disability or death of an employee in fire protection activities due to such a disease shall be presumed to result from personal injury sustained while in the performance of such employee's duty; and (3) such presumptions may be rebutted by a preponderance of the evidence.
United States · United States Congress · 9 February 2005
National Discovery Trails Act - Amends the National Trails System Act to establish national discovery trails, which shall be extended, continuous interstate trails located so as to provide for outdoor recreation and travel and to connect representative examples of America's trails and communities. Authorizes the designation of such trails on Federal lands and, with the consent of the owner, on non-Federal lands. Requires the appropriate Secretary for each national discovery trail to administer the trail in cooperation with a competent trailwide volunteer-based organization. Sets forth requirements for designation as a national discovery trail. Designates as a national discovery trail the 6,000-mile American Discovery Trail which shall extend from Cape Henlopen State Park in Delaware to Point Reyes National Seashore in California, traveling northern and southern routes from Cincinnati, Ohio, to Denver, Colorado.
United States · United States Congress · 8 February 2005
Amends the Federal Water Pollution Control Act to require projects receiving sewer overflow control grant assistance to be carried out subject to the requirements applicable to projects receiving assistance from State water pollution control revolving funds, except to the extent that the Governor of the State in which the project is located determines that a revolving fund requirement is inconsistent with the purposes of the sewer overflow control grant program. Reauthorizes appropriations for sewer overflow control grants through FY 2011. Modifies grant funding allocation provisions to reflect new dates of authorization and reauthorized amounts. Eliminates the set-aside for the Administrator of the Environmental Protection Agency (EPA) to make direct grants to municipalities and municipal entities during the second year of authorization. Establishes a December 31, 2008, deadline for the Administrator's report to Congress on recommended funding levels for sewer overflow control grants.
United States · United States Congress · 8 February 2005
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 family of Thurgood Marshall (the first African-American Justice to serve on the U.S. Supreme Court) in recognition of Marshall's contributions to the Nation.
United States · United States Congress · 8 February 2005
Notch Fairness Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act with respect to the benefit computation formula for individuals affected by the changes in benefit computation rules enacted in the Social Security Amendments of 1977 who reached age 65 after 1979 and before 1989. Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55 percent to five percent keyed to the year an individual became eligible for such benefits between 1979 and 1989. Provides for an election to receive such payments in a lump sum.
United States · United States Congress · 8 February 2005
Social Security Truth in Budgeting Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the receipts and disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (Social Security trust funds) from being included in the Federal budget baseline for any fiscal year and from being counted as new budget authority, outlays, receipts, or deficit or surplus for purposes of offsetting any tax decrease or spending increase. Excludes Social Security trust fund receipts and disbursements totals from official Office of Management and Budget and Congressional Budget Office budget pronouncements.
United States · United States Congress · 8 February 2005
Recognizes the extraordinary contributions of the late Ossie Davis for his service to the Nation in the military, as a civil rights leader, and as an actor. Honors him as a great American and pioneer in the annals of American history. Expresses its deepest condolences upon his death to his wife Ruby Dee Davis, his other family members, and his friends.
United States · United States Congress · 2 February 2005
Voter Confidence and Increased Accessibility Act of 2005 - Amends the Help America Vote Act of 2002 with respect to: (1) voter verification and mandatory paper record audit capacity; and (2) accessibility and voter verification of results for individuals with disabilities. Requires the Election Assistance Commission to study, test, and develop best practices to enhance the accessibility of voter-verification mechanisms for individuals with disabilities and for voters whose primary language is not English, including best practices for the mechanisms themselves and the process through which the mechanisms are used. Outlines additional voting system requirements. Requires laboratories to meet standards prohibiting conflicts of interest as a condition of accreditation for the testing of voting system hardware and software. Provides for the filing of complaints by aggrieved persons with the Attorney General. Extends the authorization of Election Assistance Commission permanently. Makes available additional funding to enable States to meet the costs of the requirements imposed by this Act. Directs the Election Assistance Commission to conduct random, unannounced, hand counts of the voter-verified records for each Federal general election in at least two percent of the precincts in each State. Requires Federal certification of the technological security of voter registration lists.
United States · United States Congress · 2 February 2005
High School Athletics Accountability Act of 2005 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to direct coeducational elementary and secondary schools, if they participate in any ESEA program, to: (1) report certain information on equality in their school athletic programs to the Commissioner for Educational Statistics; and (2) make such information available to their students and potential students, upon request, and to the public.
United States · United States Congress · 2 February 2005
Guard and Reserve Readiness and Retention Act of 2005 - Makes an individual eligible for retired pay for non-regular (reserve) military service if such individual: (1) satisfies one of specified combinations of minimum age (between 53 and 60) and years of service (between 20 and 34); (2) performed the last six years of qualifying service in currently authorized categories of military service, but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve; and (3) is not entitled to any other retirement pay from an armed force or as a member of the Fleet Reserve or Fleet Marine Corps Reserve. Authorizes a member of the Selected Reserve to enroll for self or self and family coverage under the TRICARE program (a Department of Defense managed health care program).
United States · United States Congress · 2 February 2005
Oral Health Promotion Act of 2005 - Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act (SSA) to add dental services to coverage provided. Allows States the option of using Federal SCHIP funds to cover dental expenses for a child who is eligible for Medicaid under targeted low-income child Medicaid guidelines when the child has medical coverage that does not include dental services. Allows States the option of covering dental services of adults receiving assistance under SCHIP. Alters the Medicaid matching rate for adult full coverage dental benefits. Establishes in the Treasury the Community Oral Health Expansion Fund to expand the availability of oral health services through community-based centers. Authorizes the use of funds for demonstration projects and demonstration partnerships with Head Start programs for identifying children at risk of dental disease and providing prevention measures. Requires States to contribute, directly or indirectly, up to ten percent of demonstration project costs. Requires the Secretary of Health and Human Services to give grant: (1) priority to States covering a Medicaid level of dental benefits under SCHIP; and (2) preference to States with market-based payment rates for dental services under both Medicaid and SCHIP.
United States · United States Congress · 2 February 2005
Keep Our Promise to America's Military Retirees Act - Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to provide Federal Employees Health Benefits (FEHB) coverage to the following eligible beneficiaries: (1) a member or former member of the Armed Forces entitled to military retired or retainer pay; (2) an unremarried former spouse who was married to a member for at least 20 years, during which such member performed at least 20 years of retirement-creditable military service; (3) a dependent of a deceased qualifying member or former member; (4) a dependent of a living member or former member; and (5) a family member. Directs the Secretary to reimburse such eligible persons for pharmacy benefits received from a pharmacy that is not a TRICARE (Department of Defense managed health care plan) network pharmacy in the same manner as the Secretary would reimburse such person for such benefits received from a TRICARE network pharmacy. Requires such persons, in order to receive such reimbursement, to submit a certification from their physician stating that the person does not have access to a TRICARE network pharmacy due to physical or medical constraints. Amends title XVIII (Medicare) of the Social Security Act to waive the monthly part B premium (Supplementary Medical Insurance Benefits for the Aged and Disabled) with respect to: (1) an individual who is entitled to military retired or retainer pay based upon service that began before December 7, 1956; and (2) the spouse, widow, or widower of such individuals.
United States · United States Congress · 2 February 2005
Assured Funding for Veterans Health Care Act of 2005 - Requires the Secretary of the Treasury to make available to the Secretary of Veterans Affairs for programs, functions, and activities of the Veterans Health Administration for FY 2007 130 percent of the amount obligated during FY 2005. Adjusts the amount provided for fiscal years after FY 2007 based on the number of enrolled veterans and the number of other persons eligible but not enrolled who are provided care, multiplied by the per capital baseline amount for FY 2005, as increased by the percentage increase in the Consumer Price Index. Prohibits the availability of such funds for: (1) construction, acquisition, or alteration of veterans' medical facilities (other than for repairs provided for before the date of enactment of this Act); or (2) grants for the construction of State home facilities for the furnishing of veterans' domiciliary, nursing home, and hospital care.
United States · United States Congress · 2 February 2005
Graduation for All Act - Authorizes the Secretary of Education to establish a program that will provide grants to State educational agencies (SEAs) and, through them, subgrants to local educational agencies (LEAs) to establish reading and writing programs to improve overall reading and writing performance among middle and high school students. Limits eligibility for subgrants to LEAs in a State that are among those that have the lowest graduation rates for public secondary school students. Includes among required uses of LEA subgrant funds: (1) hiring and inservice training of literacy coaches; (2) counseling for at-risk students; and (3) professional development for educators that addresses literacy needs of certain student groups. Amends the Elementary and Secondary Education Act of 1965 to include public secondary school graduation rates for all students under requirements for: (1) accountability for adequate yearly progress; and (2) annual State report cards. Amends the Adult Education and Family Literacy Act to require annual reports on the number participants who are 16, 17, or 18 years of age in certain programs and services, disaggregated by certain attributes.
United States · United States Congress · 2 February 2005
Arthritis Prevention, Control, and Cure Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services: (1) to develop and implement a National Arthritis Action Plan; and (2) acting through the Director of the Centers for Disease Control and Prevention (CDC), to conduct, support, and promote the coordination of arthritis and other rheumatic diseases research. Requires the Secretary to award grants to: (1) support arthritis-specific research projects at the Centers for Prevention Research by the CDC; (2) support State comprehensive arthritis control and prevention programs and public health surveillance, prevention, and control activities; and (3) assist in the implementation of a national strategy for arthritis control and prevention. Requires the Secretary to coordinate a national education and outreach program on arthritis and other rheumatic diseases. Requires the Secretary to establish an Arthritis and Rheumatic Diseases Interagency Coordinating Committee to: (1) improve coordination of Federal research activities related to arthritis and rheumatic diseases; and (2) convene a summit to provide a detailed overview of such current Federal research. Requires the Director of the National Institutes of Health (NIH) to expand and intensify juvenile arthritis research. Allows the Secretary, acting through the Director of the CDC, to award grants to support juvenile arthritis data collection. Requires the Secretary, acting through the Director of the CDC, to support the development of a National Juvenile Arthritis Patient Registry. Requires the Secretary to promote and support pediatric rheumatology training, including by allowing the Secretary to establish a loan repayment program. Requires the Comptroller General to conduct a study on the economic impact of arthritis in the workplace.
United States · United States Congress · 1 February 2005
Probation and Parole Officer Safety Task Force Act of 2005 - Establishes within the Department of Justice the Probation and Parole Officer Safety Task Force to study and report to Congress and the Attorney General on: (1) Federal and State policies and practices as they affect the personal safety of probation and parole officers during the execution of their duties; and (2) guidelines for the safety training of, the use of force by, and equipment standards for such officers, including regarding whether to arm such officers. Requires the Director of the Bureau of Justice Statistics (after the Task Force terminates) to carry out and report to the Attorney General on an annual, comprehensive statistical review of the incidence and effects of violence perpetrated against Federal and State probation and parole officers.
United States · United States Congress · 1 February 2005
Hybrid Vehicle HOV Access Act - Amends Federal highway law to authorize a State to permit a hybrid vehicle with fewer than two occupants to operate in high occupancy vehicle (HOV) lanes. Defines "hybrid vehicle" as a motor vehicle: (1) that draws propulsion energy from onboard sources of stored energy which are both an internal combustion or heat engine using combustible fuel and a rechargeable energy storage system; and (2) which (in the case of a passenger automobile or light truck) for 2002 and later models meets certain clean air requirements.
United States · United States Congress · 1 February 2005
Amends the Horse Protection Act to prohibit the shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation of horses and other equines to be slaughtered for human consumption. Authorizes the Secretary of Agriculture to detain for examination, testing, or the taking of evidence: (1) any horse at any horse show, horse exhibition, or horse sale or auction which is sore or which the Secretary has probable cause to believe is sore; and (2) any horse or other equine which the Secretary has probable cause to believe is being shipped, transported, moved, delivered, received, possessed, purchased, sold, or donated in violation of such prohibition.
United States · United States Congress · 26 January 2005
No Taxation Without Representation Act of 2005 - Provides for full voting representation in Congress for the residents of the District of Columbia, including two Senators and as many Representatives as a similarly populous State would be entitled to under the law. Treats the District of Columbia as a State. Prescribes a procedure for the first elections under this Act. Entitles the District to one Representative until the taking effect of the next reapportionment.
United States · United States Congress · 26 January 2005
Medicare's Equitable Drugs for Seniors Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to repeal provisions prohibiting the Secretary of Health and Human Services from: (1) interfering with the negotiations between drug manufacturers and pharmacies and prescription drug plan sponsors; and (2) requiring a particular formulary to institute a price structure for the reimbursement of covered Medicare part D (Voluntary Prescription Drug Benefit Program) drugs. Grants the Secretary instead, in order to ensure that beneficiaries enrolled under prescription drug plans and Medicare Advantage prescription drug plans pay the lowest possible price, authority similar to that of the Secretary of Veterans Affairs, Secretary of Defense, and the heads of other Federal agencies and departments that purchase prescription drugs in bulk to negotiate contracts with manufacturers of covered Medicare part D drugs, consistent with the requirements and in furtherance of the goals of providing quality care and containing costs under such part.
United States · United States Congress · 26 January 2005
Honors Cesar E. Chavez for his commitment to improving the plight of farm workers and the poor and for inspiring Americans to work nonviolently for justice. Encourages all Americans to commit to working for justice through nonviolence and to remind themselves of the work of the people who put food on the tables of America.
United States · United States Congress · 26 January 2005
Expresses support for the goals and ideals of National Black HIV/AIDS Awareness Day (February 7). Encourages: (1) State and local governments to recognize such day, publicize its importance among their communities, and encourage individuals to undergo HIV testing; (2) media organizations to carry messages in support of such day; and (3) the President to emphasize the importance of addressing the HIV/AIDS epidemic among the African American community.
United States · United States Congress · 25 January 2005
Little Rock Central High School Desegregation 50th Anniversary Commemorative Coin Act - Requires the Secretary of the Treasury to mint and issue coins commemorating the 50th anniversary of the desegregation of Little Rock Central High School in Little Rock, Arkansas. Requires the design of such coins to be emblematic of the desegregation of Little Rock Central High School and its contribution to civil rights in America. Specifies the sale price of such coins and applicable surcharges. Requires surcharges collected from sales to be used equally for: (1) the Jefferson National Parks Association for support of the activities and mission of Little Rock Central High National Historic Site; and (2) site improvements.
United States · United States Congress · 25 January 2005
Pharmaceutical Market Access Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to promulgate regulations permitting pharmacists, pharmacies, wholesalers, and individuals to import qualifying drugs from certain countries into the United States. Sets forth registration requirements for exporters. Requires the Secretary to: (1) educate consumers with regard to the availability of qualifying drugs for import for personal use; (2) inspect the facilities and records of importers and registered exporters to ensure compliance with this Act; and (3) establish a registration fee program to collect an annual fee from registered exporters. Deems a prescription drug to be misbranded unless the packaging of such drug complies with the requirements for counterfeit-resistant technologies. Prohibits: (1) failing to register in accordance with this Act; and (2) importing or offering to import a prescription drug in violation of a suspension order. Declares that selling or importing a patented drug in the United States that was first sold abroad by or under authority of the owner or licensee of the patent is not patent infringement. Prohibits drug manufacturers from discriminating against a person that engages in the importation of a prescription drug, including by charging higher prices or denying supplies of the drug. Allows the Secretary to suspend or terminate the registration of an exporter for failing to maintain substantial compliance with all registration conditions.
United States · United States Congress · 25 January 2005
Keep Our Promise to America's Children and Teachers Act - Keep Our PACT Act - Makes appropriations in order to provide for the full funding of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 (ESEA-NCLBA), and for the Individuals with Disabilities Education Act (IDEA). Makes such appropriations for ESEA-NCLBA programs in amounts for each of FY 2006 through 2011 which equal the difference between other appropriations and specified amounts for each of those fiscal years. Amends IDEA to authorize and make appropriations for: (1) each of FY 2006 through 2011 in specified amounts; and (2) for FY 2012 and each subsequent fiscal year, in the amount that is the total for all States of the maximum amounts necessary to fully fund 40 percent of the average per pupil expenditure for IDEA part B programs of assistance for education of all children with disabilities.
United States · United States Congress · 25 January 2005
State and Local Law Enforcement Discipline, Accountability, and Due Process Act of 2005 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to set forth the due process rights, including procedures, that shall be afforded a law enforcement officer (officer) who is the subject of an investigation or disciplinary hearing. Declares that an officer shall not be: (1) prohibited from engaging in political activity or be denied the right to refrain from engaging in such activity, except when on duty or acting in an official capacity; and (2) prohibited from being a candidate for an elective office or from serving in such elective office solely because of the officer's status as an officer, with exceptions. Requires that: (1) each agency adopt and thereafter comply with a written complaint procedure that meets specified requirements; and (2) an investigation based on a complaint from outside the agency commence not later than 15 days after receipt of the complaint by the agency employing the officer against whom the complaint has been made, or any other agency charged with investigating such complaint. Directs that any officer who is the subject of an investigation be notified of the investigation 24 hours before the commencement of questioning. Establishes rights of officers before and during questioning, including the right to counsel. Requires questioning to be conducted at reasonable hours. Prohibits an officer from being compelled to submit to the use of a lie detector.
United States · United States Congress · 25 January 2005
Combat Meth Act of 2005 - Authorizes funds to provide training to State and local prosecutors and law enforcement agents for investigation and prosecution of methamphetamine offenses, including a set-aside for prosecutors and law enforcement agents for rural communities. Amends: (1) the Omnibus Crime Control and Safe Streets Act of 1968 to expand the public safety and community policing grant program to authorize the use of grant funds to hire personnel and purchase equipment to assist in enforcing and prosecuting methamphetamine offenses and in cleaning up methamphetamine-affected areas; (2) the Controlled Substances Act to add pseudoephedrine to schedule V; and (3) the Public Health Service Act to authorize grants for the development of drug endangered children rapid response teams and grants to local governments, Indian tribes, and nonprofit private entities to provide treatment for methamphetamine abuse. Directs the Attorney General to allocate funds for the hiring and training of special assistant U.S. attorneys. Authorizes the Attorney General, acting through the Bureau of Justice Assistance, to award grants to States to establish methamphetamine precursor monitoring programs.
United States · United States Congress · 25 January 2005
Hybrid HOV Access Act of 2005 - Amends the Federal Aid Highways program to require a State agency with jurisdiction over the operation of a HOV facility to establish the occupancy requirements of vehicles operating on it. Requires such agency to permit motorcycles and bicycles to use the HOV facility. Permits a State agency to restrict use of the HOV facility by motorcycles or bicycles (or both) if it certifies to the Secretary of Transportation that such use would create a safety hazard. Prescribes guidelines under which a State agency may permit use of an HOV facility by: (1) public transportation vehicles and high occupancy toll vehicles; (2) inherently low-emission vehicles and low emission and energy-efficient vehicles; and (3) advanced lean burn technology vehicles. Permits tolls on a HOV facility on the Interstate System. Requires a State agency that allows low emission and energy-efficient vehicles to use a HOV facility to certify to the Secretary that it will establish: (1) a continuous monitoring, assessment, and reporting program regarding the impacts such vehicles may have on the operation of the facility and adjacent highways; and (2) an enforcement program that ensures the facility is operated in accordance with this Act. Directs the Administrator of the Environmental Protection to issue: (1) a final rule establishing certification requirements for low emission and energy-efficient vehicles and advanced lean burn technology vehicles; and (2) guidance on methods for determining whether a vehicle meets the fuel efficiency standards required to qualify as a hybrid vehicle.
United States · United States Congress · 25 January 2005
Exile Meth Act - Directs the Attorney General to: (1) establish a program that provides grants to qualified States for combating methamphetamine abuse, with a specific focus on the prosecution of repeat offenders; and (2) distribute such grants to two States. Defines as "qualified" a State that: (1) had more than 200 methamphetamine lab seizures in 2004; and (2) has a law that provides that a person who possesses or distributes five grams or more of methamphetamine, or 50 grams or more of a mixture or substance containing a detectable amount of methamphetamine, qualifies for a mandatory minimum sentence, without the possibility of probation or parole, of five to 40 years for a first offense, ten years to life for a second offense, and life for a third offense.
United States · United States Congress · 25 January 2005
Retired Pay Restoration Act of 2005 - Expresses the sense of Congress that military retired pay should not be reduced because a military retiree is also eligible for veterans' disability compensation awarded for a service-connected disability. Allows the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability (currently, only a disability rated at 50 percent or more). Repeals provisions phasing in the full concurrent receipt of such pay through December 31, 2013. Makes eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay those individuals who were retired or separated from military service due to a service-connected disability.
United States · United States Congress · 25 January 2005
Declares the sense of Congress that the U.S. Air Force should continue to honor and learn from the example provided by the Tuskegee Airmen as it faces the challenges of the 21st century and the war on terror.
United States · United States Congress · 25 January 2005
Calls for the President to grant a pardon, posthumously, to Jack Johnson, the first African-American professional boxer to hold the title of Heavyweight Champion of the World.
United States · United States Congress · 20 January 2005
Military Death Benefit Improvement Act of 2005 - Increases from $12,000 to $100,000 the death gratuity payable to the survivors of members of the Armed Forces who die: (1) while on active duty or inactive duty training; or (2) within 120 days after discharge or release from such duty or training, if the death resulted from an injury or disease incurred or aggravated during such duty or training.
United States · United States Congress · 6 January 2005
Amends the Safe and Drug-Free Schools and Communities Act to: (1) include bullying and harassment under the definition of violence; and (2) provide for programs to address and prevent bullying and harassment.
United States · United States Congress · 6 January 2005
Iran Freedom Support Act - States that: (1) U.S. sanctions, controls, and regulations relating to weapons of mass destruction with respect to Iran shall remain in effect until the President certifies to the appropriate congressional committees that Iran has permanently and verifiably dismantled its weapons of mass destruction programs and has committed to combating such weapons' proliferation; and (2) such certification shall have no effect on other sanctions relating to Iranian support of international terrorism. Amends the Iran and Libya Sanctions Act of 1996 to: (1) eliminate mandatory sanction provisions respecting Libya; (2) impose mandatory sanctions on a person or entity that aids Iran acquire or develop weapons of mass destruction or destabilizing types and numbers of conventional weapons; (3) revise multilateral regime reporting requirements, including provisions respecting sanctions on individuals aiding Iranian petroleum development; (4) enlarge the scope of sanctionable entities; and (5) eliminate the sunset provision. Authorizes the President to provide financial and political assistance to eligible foreign and domestic individuals and groups that support democracy in Iran and that are opposed to the Government of Iran. Expresses the sense of Congress that: (1) the President should appoint a special assistant on Iranian matters; (2) contacts should be expanded with democratic Iranian opposition groups; and (3) the President should designate at least one such eligible group within 90 days of enactment of this Act.
United States · United States Congress · 4 January 2005
Community Choice in Real Estate Act - Amends the Bank Holding Company Act of 1956, and the Revised Statutes of the United States, to prohibit the Board of Governors of the Federal Reserve System and the Secretary of the Treasury, respectively, from determining that real estate brokerage activity or real estate management activity is financial in nature, is incidental to any financial activity, or is complementary to a financial activity. (In effect, prohibits financial holding companies and national banks from engaging, directly or indirectly, in real estate brokerage or real estate management activities.) Exempts from such prohibition: (1) activities of a bank holding company (or any affiliate) that directly relate to managing any real property owned by national banks or their affiliates; and (2) the right, power, or ability of any financial holding company to engage in any activity, or acquire or retain the shares of any company engaged in an activity authorized for financial holding companies on December 6, 2001 ("grandfather clause").
United States · United States Congress · 4 January 2005
Ensuring College Access for All Americans Act - Prohibits the application of the annual updates (prescribed in the Federal Register on December 23, 2004) to the allowance for State and other taxes in the tables used in the Federal Needs Analysis Methodology to determine a student's expected family contribution for the award year 2005-2006 under the Higher Education Act of 1965, to the extent such updates will reduce the amount of Federal student assistance for which the student is eligible.
United States · United States Congress · 4 January 2005
College Fire Prevention Act - Directs the Secretary of Education to make competitive demonstration grants to private or public colleges or universities, fraternities, or sororities for up to half the cost of installing fire sprinkler systems, or other fire suppression or prevention technologies, in student housing and dormitories owned or controlled by such entities. Requires grant priority to be given eligible entities that demonstrate the greatest financial need. Reserves the following portions of grant funds made available for each fiscal year: (1) at least ten percent for eligible entities that are historically Black colleges and universities, Hispanic-serving institutions, and tribally controlled colleges and universities; and (2) at least ten percent for eligible entities that are social fraternities and sororities. Provides that any application for assistance under this Act, any negative determination on the part of the Secretary with respect to such application, or any statement of reasons for the determination, shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity (except a proceeding to enforce an agreement entered into between the Secretary and an eligible entity under this Act).
![Official portrait of Rep. Cleaver, Emanuel [D-MO-5]](https://www.congress.gov/img/member/116_rp_mo_5_cleaver_emanuel_200.jpg)