United States · United States Congress · 26 April 2005
Katie Elise and Meghan Agnes Act - Requires the Consumer Product Safety Commission (CPSC) to promulgate: (1) consumer product safety standards applicable to any furniture or electronic appliance that the Commission determines poses a substantial safety hazard due to tipping because of its design, height, weight, stability, or other features; (2) regulations requiring warning labels on the packaging of such items and on the packaging of furniture with drawers that pose a danger to children due to tipping. Requires the Commission, in promulgating safety standards under this Act, to take into consideration the intended uses of furniture and electronic appliances and the likelihood that children could climb on or tip the furniture.
United States · United States Congress · 26 April 2005
Airport Screener Technology Improvement Act of 2005 - Amends Federal transportation law to increase for FY 2006 and 2007 the amount of security service fees (passenger fees) that are collected from passengers of air carriers and foreign air carriers in air transportation and intrastate air transportation and deposited into the Aviation Security Capital Fund. Increases amounts made available from such Fund for FY 2006 and 2007 for discretionary grants (with priority given to fulfill obligations under letters of intent to airport sponsors for airport security improvement projects). Establishes the Checkpoint Screening Security Fund in the Department of Homeland Security. Makes a specified amount from the Aviation Security Capital Fund available for deposit into the Checkpoint Screening Security Fund. Directs the Secretary of Homeland Security to impose a passenger fee and deposit amounts collected into such Fund.
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 · 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
Clean Ocean and Safe Tourism Anti-Drilling Act, or the COAST Anti-Drilling Act - Amends the Outer Continental Shelf Lands Act to prohibit the Secretary of the Interior from issuing a lease for the exploration, development, or production of oil, natural gas, or any other mineral in either the Mid-Atlantic or the North Atlantic planning areas.
United States · United States Congress · 21 April 2005
Community Environmental Equity Act - Amends the Public Health Service Act to prohibit any entity that handles, manages, treats, releases, discharges, disposes, stores, transports, removes, moves, or delivers any covered substance from disproportionately exposing any person or community to such substance on the ground of race, color, national origin, or economic status. Defines "covered substance" to include: (1) any contaminant identified under the Safe Drinking Water Act; (2) any pesticide chemical under the Federal Food, Drug, and Cosmetic Act; (3) any chemical listed as a known or probably human carcinogen under the National Toxicology Program of the Department of Health and Human Services (HHS); (4) any chemical substance or mixture regulated under the Toxic Substance Control Act; (5) any hazardous waste identified under the Solid Waste Disposal Act; (6) any pesticide registered under the Federal Insecticide, Fungicide, and Rodenticide Act; (7) any air pollutant regulated under the Clean Air Act; and (8) such other contaminants, chemicals, materials, wastes, and substances as appropriate. Requires such an entity to: (1) work in partnership with State and local government officials and the Federal Government to comply with this Act; and (2) address actual or potential disproportionate exposure of covered substances prior to pursuing authorization or approval to work with such substances. Authorizes enforcement: (1) by denial or termination of authorization to work with covered substances; (2) by any other means authorized by law; and (3) for an entity receiving Federal financial assistance, through specified compliance provisions of the Civil Rights Act of 1964.
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
Investment in Quality School Leadership Act - Establishes a program of grants to consortia for professional development of superintendents, principals, and prospective superintendents and principals. Directs the Secretary of Education to award such competitive grants to consortia to establish programs that serve a State or region and provide superintendents, principals, and prospective superintendents and principals, particularly those serving, or intending to serve, in high-poverty, low-performing school districts and schools, with ongoing, intensive professional development opportunities to improve their capacity to serve as effective leaders and successfully implement standards-based reforms. Requires a consortium, to be eligible to apply for such a grant, to include at least: (1) one local educational agency (LEA) serving a high concentration of children living in poverty; (2) one institution of higher education; and (3) one organization that does not usually provide educational services, but has the necessary expertise to provide professional development to school administrators. Allows such consortia also to include: (1) one or more additional LEAs; (2) State educational agencies; (3) for-profit organizations with expertise; and (4) public or private nonprofit organizations with expertise. Gives priority for awards to those consortia in which the participating LEA serves the highest concentration of children living in poverty. Sets forth required program activities and additional uses of grant funds. Requires grantees to provide 50 percent of the project's annual costs, in cash or in kind. Authorizes the Secretary to: (1) waive such matching requirement for applicants that serve low-income areas; and (2) reserve certain funds for technical assistance, evaluation, dissemination of information on effective programs, activities to encourage the spread and adoption of successful leadership development centers, and other national activities that support the programs.
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 · 19 April 2005
Great Cats and Rare Canids Act of 2005 - Directs the Secretary of the Interior to provide assistance for projects for the conservation of rare felids and rare canids. Authorizes the Secretary to convene an advisory group of individuals representing public and private organizations actively involved in the conservation of felids and canids. Restricts the use of grants for captive breeding or display purposes. Establishes in the Multinatonal Species Conservation Fund as a separate account the Great Cats and Rare Canids Conservation Fund. Defines "rare canid" to: (1) mean any canid species, subspecies, or population that is not native to the United States and Canada, and is included in the threatened or endangered lists of the World Conservation Union, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, or the Endangered Species Act of 1973; and (2) include such a subspecies or population of dhole, gray wolf, ethiopian wolf, african wild dog, or maned wolf. Defines "rare felid" to: (1) mean any felid species, subspecies, or population that is not native to the United States and Canada, and is included in the threatened or endangered lists of the World Conservation Union, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, or the Endangered Species Act of 1973; and (2) include such a subspecies or population of lion, leopard, jaguar, snow leopard, clouded leopard, cheetah, or iberian lynx. Does not include any tiger.
United States · United States Congress · 14 April 2005
Workforce Health Improvement Program Act of 2005 - Amends the Internal Revenue Code to exclude from the gross income of employees: (1) the value of any on-premises employer-provided athletic facility; and (2) fees or membership expenses paid to an athletic or fitness facility by an employer for its employees. Allows employers a tax deduction for fees or dues paid to an athletic or fitness facility.
United States · United States Congress · 14 April 2005
Access to Legal Pharmaceuticals Act - Amends the Public Health Service Act to require any pharmacy receiving prescription drugs or prescription devices in interstate commerce to: (1) ensure that any in stock prescription that one pharmacist refuses to fill on the basis of a personal belief is filled by another pharmacist employed by the pharmacy without delay; (2) ensure that any individual who presents a prescription for an item that is not in stock which one pharmacist refuses to order on the basis of a personal belief is immediately informed that the product can be ordered by the pharmacy and to order such product without delay; and (3) not employ any pharmacist who engages in any conduct with the intent to prevent or deter an individual from filling a valid prescription, including refusing to return a prescription form, refusing to transfer a prescription, or subjecting the individual to humiliation or harassment. Provides that this Act does not require the pharmacy to keep any particular product in stock nor does it apply with respect to a product for a health condition if the pharmacy does not keep in stock any product for such condition. Sets forth civil penalties. Allows a private cause of action for a violation of this Act.
United States · United States Congress · 14 April 2005
States that Executive Order 12898 (pertaining to Federal actions to address environmental justice in minority and low-income populations) shall remain in force until changed by law. Makes the provisions of this Act applicable to such Executive Order. Defines environmental justice. Establishes criteria for defining an environmental justice community. Requires specified Federal agencies and offices to establish an Office of Environmental Justice (OEJ). Requires Federal agencies to integrate the environmental justice strategy developed under the Executive Order into the operation and mission of the agency and to address compliance with this Act in specified activities. Directs the interagency Federal Working Group on Environmental Justice to: (1) coordinate an integrated environmental justice training plan for those Federal agencies and offices required to establish OEJs; (2) formalize public participation efforts; (3) survey Federal agencies and offices with regard to outreach efforts; (4) develop a strategy for allocating responsibilities and ensuring participation; and (5) coordinate plans to communicate research results. Requires: (1) each Federal agency and office with an OEJ to undertake outreach activities and report such activities to the Working Group; and (2) Federal agencies and the Working Group to develop ways to enhance partnerships and coordination with stakeholders. Directs Federal agencies to fund community technology centers to provide assistance relating to environmental justice.
United States · United States Congress · 14 April 2005
Clean Cruise Ship Act of 2005 - Prohibits cruise vessels entering U.S. ports from discharging sewage, graywater, or bilge water into the waters of the United States, with specified exceptions, including when in compliance with effluent limits and management standards. Requires the Commandant of the Coast Guard and the Administrator of the Environmental Protection Agency (EPA) to issue regulations establishing effluent limits for sewage and graywater discharged by cruise vessels. Requires the Commandant to issue regulations implementing an inspection, sampling, and testing program sufficient to verify compliance with this Act and other specified laws. Prohibits employment discrimination against persons who institute or testify in proceedings under this Act. Authorizes interested persons to file a petition in U.S. circuit court requesting review of the Commandant's action in promulgating effluent limits or carrying out inspections, sampling, or testing under this Act. Establishes administrative, civil, and criminal penalties for violations of this Act. Authorizes rewards for information leading to the payment of such penalties. Establishes in rem liability for cruise vessels violating this Act. Authorizes citizen suits in the U.S. district courts against those who violate this Act or related regulations and orders, or against the Administrator or Commandant for an alleged failure to perform. Establishes special compliance deadlines for Alaskan cruise vessels with advanced treatment systems. Establishes the Cruise Vessel Pollution Control Fund. Requires the Commandant to establish and collect fees from cruise vessels to carry out this Act and to deposit fees in the Fund.
United States · United States Congress · 14 April 2005
Intermodal Transportation Act of 2005 - Amends Federal transportation law to authorize the Secretary of Transportation to award grants to public or private entities for capital projects for: (1) acquiring, constructing, improving, or renovating a publicly or privately owned or operated intermodal passenger facility related to intercity bus service; and (2) establishing or enhancing coordination between such service and other specified transportation through a publicly or privately owned or operated integrated system of public transportation information. Sets the Federal share of project costs at 80 percent.
United States · United States Congress · 13 April 2005
Comprehensive Assistance for Veterans Exposed to Traumatic Stressors Act of 2005 - Extends eligibility for readjustment counseling services for Vietnam-era veterans. Requires implementation of a Department of Veterans Affairs (VA)-Department of Defense (DOD) Health Care Sharing Incentive Fund. Requires: (1) the DOD to assist the VA with post-traumatic stress disorder (PTSD) and other mental health-related data collection; (2) substance use disorder questions in pre- and post-deployment screens and related treatment protocols; and (3) routine preventative maintenance intervention for returning members of the Armed Forces. Requires a study of factors that decrease the likelihood of developing combat-related chronic PTSD. Extends the enhanced eligibility period for VA health services for certain veterans. Provides for a joint demonstration project that stations VA psychologists and psychiatrists at major demobilization sites and military treatment facilities. Directs the Secretary of Veterans Affairs to develop model programs to address mental health disorders prevalent among veterans of Operations Enduring Freedom and Iraqi Freedom. Requires: (1) performance measures that ensure appropriate deployment of resources to implement the Iraq war clinical practice guidelines; (2) establishment of the DOD/VA Council on Post-Deployment Mental Health; (3) a plan for expanded access to specialized PTSD care; and (4) additional mental health services personnel for certain VA programs and locations. Requires counseling for immediate family members of disabled veterans and Armed Forces personnel killed in action. Establishes a National Steering Committee on PTSD Education. Addresses deficiencies in compensation and pension examinations with regard to PTSD. Requires development of criteria for determining which medical conditions are likely associated with PTSD and when secondary service-connection should be granted for those conditions. Provides for an outreach program to enhance PTSD awareness.
United States · United States Congress · 13 April 2005
National Aquatic Invasive Species Act of 2005 - Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to establish aquatic invasive species prevention requirements for all vessels operating in U.S. waters. Requires the Secretary of Homeland Security to promulgate regulations for ballast water management standards and certification procedures. Directs the Aquatic Invasive Species Task Force to establish a priority pathway management program that identifies those pathways that pose the highest risk for the introduction of aquatic invasive species unless further managed. Prohibits the importation of live aquatic organisms of a species not in trade without specified screening and approval. Requires the Director of the United States Fish and Wildlife Service, the Administrator of the National Oceanic and Atmospheric Administration (NOAA), and the Administrator of the Environmental Protection Agency to implement a national system of ecological surveys for rapid early detection and monitoring of invasive species. Requires the Task Force to review and approve State rapid response contingency strategies. Requires the Invasive Species Council to establish a Federal rapid response team for each of the ten Federal regions. Requires the Assistant Secretary of the Army (Civil Works) to complete construction of and operate the Chicago River Ship and Sanitary Canal dispersal barrier project to prevent the spread of aquatic invasive species. Requires the Invasive Species Council to coordinate with the Task Force to combat aquatic invasive species. Requires the Task Force to recommend to appropriate Federal agencies additions to the list of aquatic invasive species. Requires the Task Force, the Council, and the Secretary of State to coordinate activities to ensure that international efforts to prevent and manage aquatic invasive species are coordinated with U.S. policies.
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 · 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 · 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
Security and Freedom Ensured Act of 2005 (SAFE Act) - Amends the USA PATRIOT Act to modify provisions regarding roving wiretaps under the Foreign Intelligence Surveillance Act of 1978 (FISA) to require that: (1) an order approving an electronic surveillance specify either the identity of the target or the place to be wiretapped; and (2) surveillance be conducted only when the suspect is present at the place to be wiretapped. Revises provisions governing search warrants authorized under the USA PATRIOT ACT to: (1) limit the authority to delay notice of the issuance of such a search warrant to circumstances where providing immediate notice of the warrant will endanger the life or physical safety of an individual, result in flight from prosecution or the intimidation of a potential witness, or result in the destruction of or tampering with the evidence sought under the warrant; and (2) require such delayed notification to be issued within seven days (currently, within a "reasonable period") after execution, with extensions by the court for additional periods of up to 21 calendar days each time that the court finds reasonable cause to believe that notice of the execution of the warrant would have such consequences. Requires the Attorney General, on a semiannual basis, to transmit to Congress and make public a report concerning all requests for delays of notice and for extensions of such delays. Amends FISA to require, with respect to access by the Federal Bureau of Investigation to business records for foreign intelligence and international terrorism investigations, that there be specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or agent. Provides that libraries shall not be treated as wire or electronic communication service providers under provisions granting counterintelligence access to provider subscriber information, toll billing records information, or electronic communication transactional records. Redefines "domestic terrorism" to mean activities that involve acts dangerous to human life that constitute a Federal crime of terrorism (currently, that violate criminal laws).
United States · United States Congress · 6 April 2005
Recognizes the 140th anniversary of the ratification of the 13th Amendment to the Constitution (prohibits slavery or involuntary servitude) on December 6, 1865. Encourages the American people to educate and instill pride and purpose into their communities about the history of liberation and the civil rights movement in the United States and to observe such anniversary each year.
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 · 5 April 2005
Services for Ending Long-Term Homelessness Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Administrator of Substance Abuse and Mental Health Services Administration, to design national strategies for providing services in supportive housing that will assist in ending chronic homelessness and to implement programs that address chronic homelessness. Requires the Secretary to make matching grants to eligible entities to provide services that promote recovery and self-sufficiency and that address barriers to housing stability to chronically homeless individuals in, or who are scheduled to become residents of, permanent supportive housing and to other individuals and families who have voluntarily chosen to seek other housing opportunities after a period of tenancy in supportive housing. Directs the Secretary to require grantees to report data regarding the performance outcomes of projects carried out under this Act, which shall include measuring and reporting specific performance outcomes related to the long-term goals of: (1) increasing stability within the community for people who have been chronically homeless; and (2) decreasing recurrence of periods of homelessness.
United States · United States Congress · 5 April 2005
Designates the facility of the United States Postal Service located at 167 East 124th Street in New York, New York, as the "Tito Puente Post Office Building."
United States · United States Congress · 5 April 2005
Federal Employees with Disabilities Protection Act - Prohibits the termination of employment of a disabled Federal employee due to a conversion to contractor performance of any activity or function of an executive agency under Office of Management and Budget Circular A-76 or any other Federal policy, directive, or regulation. Exempts certain nonprofit agencies for the blind or severely handicapped from this prohibition if the terminated Federal employee is offered an equivalent position in the Federal Government or with the nonprofit agency.
United States · United States Congress · 5 April 2005
Supports the goals and ideals of the Day of Silence (during which students vow to remain silent to bring attention to the harassment and discrimination faced by lesbian, gay, bisexual, and transgender people in schools). Encourages each city and State to adopt laws to prohibit such discrimination and harassment.
United States · United States Congress · 17 March 2005
Fisheries Science and Management Enhancement Act of 2005 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to revise requirements for the appointment and training of the voting members of the eight Regional Fishery Management Councils. Requires each science and statistical committee established by a Council to include a fishery and marine science subcommittee. Sets forth subcommittee functions, primarily to determine for the Council biological catch limits that will prevent overfishing in a fishery and any protections required for threatened or endangered species. Revises requirements regarding the disclosure of financial interests by and recusal of members with respect to voting on Council decisions. Revises provisions required to be in a fishery management plan to require such a plan to allocate any quotas or other conservation and management measures fairly and equitably among the commercial, recreational, and charter fishing sectors in the fishery, and allow fishery sectors to develop allocation plans subject to Council approval. Provides for peer review of fishery and marine science subcommittee determinations to the Council. Directs the Secretary of Commerce to carry out a cooperative research, data collection, and gear modification program to conduct conservation projects to minimize the mortality of unavoidable bycatch or fishery impacts on essential fish habitat through modifications of fishing gear and practices. Amends the Saltonstall-Kennedy Act to make certain funds available to implement the cooperative research, data collection, and gear modification program.
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
Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005 - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance, including through nongovernmental or international organizations, for basic care for orphans and other vulnerable children in developing countries, including assistance for: (1) community-based care; (2) school food programs; (3) education and employment training; (4) psychosocial support; (5) protection of inheritance rights; and (6) HIV/AIDS care. Directs the Secretary of State to appoint a Special Advisor for Assistance to Vulnerable Populations. Directs the President to: (1) establish a system to evaluate such assistance's effectiveness; and (2) develop and submit to the appropriate congressional committees a coordinating strategy for such assistance.
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 Opportunity Act of 2005 or Dylan Lee James Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to give States the option of allowing families of disabled children to purchase Medicaid coverage for such children. Authorizes the Secretary of Health and Human Services to conduct demonstration projects under which up to ten States are awarded grants, on a competitive basis, to test the effectiveness in improving or maintaining a child's functional level and cost-effectiveness of providing coverage of home and community-based alternatives to psychiatric resident treatment for children enrolled in the Medicaid program. Amends SSA title V (Maternal and Child Health Services) to make appropriations to the Secretary for special projects of regional and national significance for development and support of family-to-family health information centers. Amends SSA title XIX to provide for the restoration of Medicaid eligibility to certain SSI (Supplemental Security Income) (SSA title XVI) beneficiaries under age 21.
United States · United States Congress · 17 March 2005
Consumer Assurance of Radiologic Excellence Act - Amends title XIX (Medicaid) of the Social Security Act to prohibit certain payments to States for expenditures for medical imaging procedures or radiation therapy procedures, unless the State meets specified requirements for State medical radiation licenses, including minimum licensing standards the Secretary of Health and Human Services shall establish.
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
Declares that the House of Representatives: (1) recognizes the importance of establishing a national memorial at the World Trade Center site, as the highest honor the Nation can confer to commemorate and mourn the events of February 26,1993, and September 11, 2001; and (2) supports the efforts of the World Trade Center Memorial Foundation to build a permanent memorial at the site.
United States · United States Congress · 17 March 2005
Requests the President to transmit to the House of Representatives information in his possession providing specific evidence for the following statement he made on February 16, 2005, at a meeting in Portsmith, New Hampshire: "And by the way, there is not a Social Security trust."
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
Amends Civil Service Retirement System and the Federal Employees Retirement System provisions to increase: (1) the mandatory retirement age for members of the Capitol Police from 57 to 60; and (2) the age to which an exemption may be extended from 60 to 65.
United States · United States Congress · 16 March 2005
Captive Primate Safety Act - Amends the Lacey Act Amendments of 1981 to add non-human primates to the definition of "prohibited wildlife species" to which such Act's requirements (e.g., prohibition against sale or purchase in interstate or foreign commerce) apply.
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. Nadler, Jerrold [D-NY-12]](https://www.congress.gov/img/member/n000002_200.jpg)