United States · United States Congress · 14 April 2005
Recognizes that: (1) the current third-party model of health care delivery is expensive and prevents individuals from having immediate control and ownership over critical health care decisions; (2) the current model's flaws contribute to the number of uninsured in the United States; and (3) defined contribution plans provide patients greater power to select their health care provider and preferred treatment. Recommends that Congress move the Nation's current health care delivery system toward a defined contribution system.
United States · United States Congress · 6 April 2005
Heroes Earned Retirement Opportunities Act - Amends the Internal Revenue Code to include combat zone compensation (otherwise excludable from gross income) as earned income for purposes of calculating the tax deduction for contributions to retirement savings plans.
United States · United States Congress · 17 March 2005
Firearm Commerce Modernization Act - Amends Federal firearms provisions to permit a licensed importer, manufacturer, dealer, or collector to: (1) sell or deliver a firearm (currently, a rifle or shotgun) to a resident of a State other than a State in which the licensee's place of business is located or temporarily located if the transferee meets in person with the transferor to accomplish the transfer; and (2) conduct business temporarily at any gun show or event sponsored by any national, State, or local organization, or any affiliate devoted to the collection, competitive use, or other sporting use of firearms (currently, only at such a location in the State specified on the person's license). Provides that nothing in the Act shall be construed to diminish the right of a licensee to conduct firearms transfers (currently, "curios or relics" firearms transfers) with another licensee away from the transferor's business premises.
United States · United States Congress · 17 March 2005
Senior NCO Household Goods Shipment Equity Act of 2005 - Increases the authorized weight allowances for the shipment of baggage and household effects of senior noncommissioned officers of the uniformed services.
United States · United States Congress · 17 March 2005
Describes the following as acts that unreasonably burden and discriminate against interstate commerce, and prohibits States, political subdivisions, and any other taxing authority from: (1) assessing natural gas pipeline property at a value that has a higher ratio to its true market value than the ratio used to assess other commercial and industrial property in the same assessment jurisdiction; (2) levying or collecting a tax on such an assessment; (3) levying or collecting an ad valorem property tax on natural gas pipeline property at a rate that exceeds the rate applicable to commercial and industrial property in the same assessment jurisdiction; or (4) imposing any other tax that discriminates against a natural gas pipeline providing transportation subject to the jurisdiction of the Federal Energy Regulatory Commission. Grants jurisdiction to U.S. District Courts and provides for specified relief for claims of discriminatory taxation of natural gas pipeline property.
United States · United States Congress · 17 March 2005
Human Cloning Prohibition Act of 2005 - Amends the Federal criminal code to prohibit any person or entity, in or affecting interstate commerce, from knowingly: (1) performing or attempting to perform human cloning; (2) participating in such an attempt; (3) shipping or receiving an embryo produced by human cloning or any product derived from such embryo; or (4) importing such an embryo or derived product. Sets forth criminal and civil penalties. Provides that nothing in this Act restricts areas of scientific research not specifically prohibited above, including research in the use of nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans.
United States · United States Congress · 16 March 2005
Child Predator Act of 2005 - Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to: (1) expand the definition of "criminal offense against a victim who is a minor" to include every offense, whether Federal, State, local, tribal, foreign, or otherwise, that involves one or more of specified characteristics (such as kidnapping or sexual conduct), when committed against a minor; and (2) define "child predator" as a person who is convicted of such an offense that is sexual in nature, where the minor is age 13 or younger. Directs that State procedures require a child predator to: (1) report a change of residence within ten days; and (2) notify appropriate entities within that person's community, including schools, public housing, at least two media outlets, and law enforcement. Sets penalties of up to two years' imprisonment, a fine, or both, for violations. Requires the Federal Bureau of Investigation to disclose to the public, on a free-access Internet site, all information collected regarding each child predator, including a recent photograph. Requires the site to: (1) include a feature under which a member of the public can specify an address and be provided with registration information of all such predators within a radius of that address, as well as other searching and sorting capabilities; and (2) display the information in a manner that clearly indicates that the person is a child predator, along with the statutory definition of that term.
United States · United States Congress · 16 March 2005
Support our Scouts Act of 2005 - Prohibits any Federal law from being construed to limit any Federal agency from providing any form of support for a youth organization (including the Boy Scouts of America or any group officially affiliated with the Boy Scouts of America) that would result in that Federal agency providing less support to that youth organization (or any similar organization chartered under Federal law relating to the Boy Scouts of America) than was provided during each of the preceding four fiscal years. Amends the Housing and Community Development Act of 1974 to prohibit any State or unit of general local government that has a designated open forum, limited public forum, or nonpublic forum and that is a recipient of assistance under the Act from denying equal access or a fair opportunity to meet to, or discriminate against, any youth organization, including the Boy Scouts of America or any group officially affiliated with the Boy Scouts of America, that wishes to conduct a meeting or otherwise participate in that designated open forum, limited public forum, or nonpublic forum.
United States · United States Congress · 15 March 2005
527 Fairness Act of 2005 - Amends the Federal Election Campaign Act of 1971 to: (1) repeal the aggregate limit on contributions by individuals; (2) increase the limits for House and Senate candidates facing wealthy opponents; (3) repeal the limit on the amount of party expenditures on behalf of candidates in general elections; (4) index limits on the amount of contributions made to or by multicandidate political committees; (5) permit expenditures for certain targeted electioneering communications by specified kinds of organizations; (6) permit corporations and labor organizations to solicit political contributions from members by communications of any sort (currently, only by mail); and (7) permit State and local political parties to use nonfederal funds for voter registration and sample ballots.
United States · United States Congress · 14 March 2005
District of Columbia Personal Protection Act - Amends specified law prohibiting the killing of wild birds and wild animals in the District of Columbia to declare that nothing in it or any other provision of law shall authorize or be construed to permit the Council, the Mayor, or any governmental or regulatory authority of the District to prohibit, constructively prohibit, or unduly burden the ability of persons otherwise not prohibited from possessing firearms under Federal law from acquiring, possessing in their homes or businesses, or using for sporting, self-protection or other lawful purposes, any firearm neither prohibited by Federal law nor subject to the National Firearms Act. Denies the District any authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms. Amends the Firearms Control Regulations Act of 1975 to repeal the definition of a machine gun as any firearm which shoots, is designed to shoot, or can be readily converted or restored to shoot semiautomatically, more than 12 shots without manual reloading. (Thus repeals the ban on semiautomatic weapons.) Redefines "machine gun" to include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person. Repeals the District's: (1) registration requirement for possession of firearms; (2) prohibition on possession of handgun restricted pistol bullets; and (3) requirement that, under certain conditions, firearms in the possession of certain individuals must be kept unloaded, disassembled, or with the trigger locked. Repeals the definition of restricted pistol bullet as any bullet designed for use in a pistol which, when fired from a pistol with a barrel of five inches or less in length, is capable of penetrating commercially available body armor with a penetration resistance equal to or greater than that of 18 layers of kevlar. Maintains the current ban on the possession and control of a sawed-off shotgun, machine gun, or short-barreled rifle. Eliminates criminal penalties for possessing an unregistered firearm. Amends Federal law to eliminate criminal penalties for carrying a pistol whether loaded or unloaded in one's dwelling house, place of business, or on land possessed by such person. Amends the District of Columbia Code to extend to firearms generally (currently, only to pistols) the prohibition against carrying such a weapon either openly or concealed within the District without a license issued pursuant to D.C. law. Specifies exceptions to the prohibition against carrying concealed weapons in the District.
United States · United States Congress · 10 March 2005
Security and Fairness Enhancement for America Act of 2005 or the SAFE for America Act - Amends the Immigration and Nationality Act to eliminate the diversity immigrant program.
United States · United States Congress · 10 March 2005
Secure Access to Firearms Enhancement (SAFE) Act of 2005 - Amends the Federal criminal code to provide for reciprocity for the carrying of certain concealed firearms in different States by persons who are not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm and who are: (1) carrying a valid State license or permit for carrying a concealed firearm; or (2) otherwise entitled to carry a concealed firearm in their State of residence.
United States · United States Congress · 8 March 2005
Incapacitated Persons Legal Protection Act of 2005 - Amends the Federal judicial code to extend habeas corpus protections to persons who are subject to a court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain the person's life. Deems persons having custody in such cases to encompass parties so authorized or directed. States that there shall be no requirement to produce the body of the incapacitated person at the hearing. Exempts from this Act those cases in which the incapacitated person indisputably executed a written advance directive while having capacity that clearly authorized the withholding or withdrawal of food, fluids, or necessary medical treatment. Defines "incapacitated person" to mean an individual presently incapable of making relevant decisions concerning the provision, withholding, or withdrawal of food, fluids, or medical treatment under applicable State law.
United States · United States Congress · 3 March 2005
Designates the facility of the United States Postal Service located at 151 West End Street in Goliad, Texas, as the "Judge Emilio Vargas Post Office Building."
United States · United States Congress · 3 March 2005
Marriage Protection Act of 2005 - Amends the Federal judicial code to deny Federal courts jurisdiction to hear or decide any question pertaining to the interpretation of: (1) the provision of the Defense of Marriage Act that provides that no State shall be required to give effect to any marriage between persons of the same sex under the laws of any other State; or (2) this Act.
United States · United States Congress · 3 March 2005
United Nations Oil-for-Food Accountability Act of 2005 - Requires the withholding of certain FY 2005 and 2006 U.S. contributions to the United Nations (UN) until the President certifies that the UN is cooperating in the investigation of the United Nations Oil-for-Food Program.
United States · United States Congress · 3 March 2005
RU-486 Suspension and Review Act of 2005 - Deems the approved application for the drug mifepristone (marketed as Mifeprex, commonly known as RU-486, and used for the chemically induced termination of intrauterine pregnancy) to have been withdrawn. Deems the drug misoprostol to be misbranded under the Federal Food, Drug, and Cosmetic Act (FFDCA) if it bears labeling providing that the drug may be used for the medical termination of intrauterine pregnancy. Directs the Comptroller General to review and report on the process by which the Food and Drug Administration (FDA) approved mifepristone. Provides for the reinstatement of the approved application for such drug if the report determines the approval to have been in accordance with FFDCA.
United States · United States Congress · 3 March 2005
Declares the sense of the House of Representatives that if the Government of Japan continues to delay in meeting its obligations under the understanding reached with the United States on October 23, 2004, to resume beef imports from the United States, the U.S. Trade Representative should immediately impose retaliatory economic measures on Japan.
United States · United States Congress · 1 March 2005
Designates the facility of the United States Postal Service located at 301 South Heatherwilde Boulevard in Pflugerville, Texas, as the "Sergeant Byron W. Norwood Post Office Building."
United States · United States Congress · 1 March 2005
Amends the Internal Revenue Code to permit: (1) Federal civilian and military retirees to pay Federal Employees Health Benefits Program (FEHBP) and TRICARE supplemental premiums on a pretax basis (i.e., exclude premiums from gross income); and (2) a tax deduction (available to itemizers and nonitemizers) for TRICARE supplemental premiums or enrollment fees. Directs the Director of the Office of Personnel Management (OPM) and the Secretary of Defense to ensure that the option of paying FEHBP and TRICARE supplemental premiums on a pretax basis is available to Federal civilian and military retirees for the first open enrollment period beginning not less than 90 days after the enactment of this Act.
United States · United States Congress · 1 March 2005
Local Emergency Radio Service Preservation Act of 2005 - Directs the Federal Communications Commission (FCC) to revise its regulations to provide that digital audio radio satellite service (DARSS): (1) licensees shall not provide services that are locally differentiated or that result in programming being delivered to consumers in one geographic market that is different from programming delivered in any other geographic market; and (2) repeaters shall be restricted to simultaneously retransmitting the programming transmitted by satellite directly to DARSS subscribers' receivers. Requires the FCC to complete a rulemaking proceeding to determine whether DARSS licensees should be permitted to provide locally oriented services on nationally distributed channels, taking into account, among other things, the ability of such licensees to afford listeners the same emergency and other information as is afforded listeners of local broadcast stations.
United States · United States Congress · 1 March 2005
English Language Unity Act of 2005 - Declares English to be the official language of the United States. Establishes the affirmative obligation of the representatives of the Federal Government to preserve and enhance the role of the English language as the Government's official language. Requires the official functions of the Government to be conducted in English. Requires: (1) a uniform English language testing standard for U.S. naturalization; and (2) all naturalization ceremonies to be conducted in English. Sets forth exceptions to, and rules of construction for, such requirements. Authorizes persons injured by violations of this Act to obtain appropriate relief in civil actions. Declares, as a general rule of construction, that English language requirements and workplace policies, whether in the public or private sector, shall be presumptively consistent with the laws of the United States. Requires the Secretary of Homeland Security to issue for public notice and comment a proposed rule for uniform testing of the English language ability of candidates for naturalization based upon the principles that: (1) all citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the Laws of the United States; and (2) any exceptions to this standard should be limited to extraordinary circumstances, such as asylum.
United States · United States Congress · 17 February 2005
Amends Federal provisions relating to the military Survivor Benefit Plan (SBP) to change from October 1, 2008, to October 1, 2005, the effective date on or after which no reduction may be made in the retired pay of an SBP participant for any month after the later of: (1) the 360th month for which such pay was so reduced; and (2) the month during which the participant attains 70 years of age.
United States · United States Congress · 17 February 2005
Mailing Support to Troops Act of 2005 - Authorizes free mailing privileges for mail matter sent by a family member from within an area served by a U.S. post office to members of the Armed Forces on active duty in Iraq or Afghanistan, or hospitalized at an Armed Forces facility as a result of such service.
United States · United States Congress · 17 February 2005
Secret Ballot Protection Act of 2005 - Amends the National Labor Relations Act to make it an unfair labor practice for: (1) an employer to recognize or bargain collectively with a labor organization that has not been selected by a majority of the employees in a secret ballot election conducted by the National Labor Relations Board; and (2) a labor organization to cause or attempt to cause an employer to recognize or bargain collectively with a representative that has not been selected in such manner.
United States · United States Congress · 17 February 2005
Death Tax Repeal Permanency Act of 2005 - Declares that the sunset provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, which terminate its application to estates of decedents dying, gifts made, or generation skipping transfers, after December 31, 2010, shall not in fact apply to title V of such Act, which repeals estate and generation-skipping transfer taxes. (Thus makes the repeal of such taxes permanent.)
United States · United States Congress · 17 February 2005
Recognizes the 60th anniversary of the Battle of Iwo Jima. Recognizes and commends the members of the U.S. Marine Corps and other U.S. Armed Forces who participated in such Battle, especially those who gave their lives there.
United States · United States Congress · 15 February 2005
Protection of Lawful Commerce in Arms Act - Prohibits a qualified civil liability action from being brought in any state or federal court against a manufacturer or seller of a firearm, ammunition, or a component of a firearm that has been shipped or transported in interstate or foreign commerce (or against a trade association of such manufacturers or sellers) for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of a firearm. Requires pending actions to be dismissed. Excludes actions: (1) brought against a person who has been convicted of transferring a firearm knowing that it would be used to commit a crime of violence or a drug trafficking crime, by a party directly harmed by such crime; (2) brought against a seller for negligent entrustment or negligence per se; (3) in which a manufacturer or seller of a firearm knowingly violated a state or federal statute applicable to the sale or marketing of the firearm, if the violation was a proximate cause of the harm for which relief is sought; (4) for breach of contract or warranty in connection with the purchase of the firearm; or (5) for death, physical injuries, or property damage resulting directly from a defect in design or manufacture of the firearm when used as intended or in a reasonably foreseeable manner, except that if the discharge was caused by a volitional act that constituted a criminal offense, such act shall be considered the sole proximate cause of any resulting death, personal injury, or property damage.
United States · United States Congress · 15 February 2005
Military Surviving Spouses Equity Act - Repeals, as of the later of October 1, 2005, or the date of enactment of this Act, certain provisions which require the offset of amounts paid in dependency and indemnity compensation from Survivor Benefit Plan (SBP) annuities for the surviving spouses of former military personnel who are entitled to military pay or who would be entitled to retired pay except for being under 60 years of age. Provides for the recoupment of certain amounts previously paid to SBP recipients in the form of a retired pay refund.
United States · United States Congress · 15 February 2005
Expresses the sense of the House of Representatives that judicial interpretations of the U.S. Constitution should not be based on judgments, laws, or pronouncements of foreign institutions unless such judgments, laws, or pronouncements inform an understanding of the original meaning of the Constitution.
United States · United States Congress · 9 February 2005
Citizenship Reform Act of 2005 - Amends the Immigration and Nationality Act to limit automatic citizenship at birth to a child born in the United States who: (1) was born in wedlock to a parent either of whom is a U.S. citizen or national, or is an alien lawfully admitted for permanent residence who maintains such residence; or (2) was born out of wedlock to a mother who is a U.S. citizen or national, or is an alien lawfully admitted for permanent residence who maintains such residence. Defines "born in wedlock" to exclude common law marriages.
United States · United States Congress · 9 February 2005
First Amendment Restoration Act - Amends the Federal Election Campaign Act of 1971 to repeal: (1) a requirement that persons making disbursements for electioneering communications file reports on such disbursements with the Federal Election Commission; (2) a prohibition against the making of disbursements for electioneering communications by corporations and labor organizations; and (3) a provision treating coordinated communications as contributions.
United States · United States Congress · 8 February 2005
Guardsmen and Reservists Financial Relief Act of 2005 - Amends the Internal Revenue Code to exempt from the ten percent penalty on early distributions from tax-exempt retirement plans, withdrawals made by military reservists or national guardsmen called to active duty for a period in excess of 179 days or for an indefinite period. Permits reimbursement of such withdrawals within two years after the end of the active duty period. Applies the provisions of this Act to individuals ordered or called to active duty after September 11, 2001, and before September 12, 2007, for retirement plan distributions made after September 11, 2001.
United States · United States Congress · 2 February 2005
Personal Responsibility in Food Consumption Act - Prohibits new and dismisses pending civil actions by any person against a manufacturer or seller of food or a trade association for any injury resulting from a person's consumption of food and weight gain, obesity, or any associated health condition, excluding actions alleging: (1) a knowing and willful violation of a Federal or State statute applicable to the manufacturing, marketing, distribution, advertisement, labeling, or sale of food where the violation was a proximate cause of injury related to a person's weight gain, obesity, or related health condition; (2) a breach of express contract or express warranty in connection with the purchase of food; or (3) a violation under the Federal Trade Commission Act or the Federal Food, Drug, and Cosmetic Act. Requires, in any action alleging such a violation of an applicable Federal or State statute or a breach of express contract or express warranty: (1) a stay of discovery during the pendency of any motion to dismiss, unless necessary to preserve evidence or to prevent undue prejudice; and (2) document preservation during the stay. Requires the complaint in an action alleging such a violation of an applicable statute to plead with particularity the Federal and State statutes that were allegedly violated and the facts that are alleged to have proximately caused the injury claimed.
United States · United States Congress · 2 February 2005
Individual Social Security Investment Program Act of 2005 - Amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act to add a new part B (Individual Social Security Investment Program) to change Social Security into a system of individual accounts where workers born on or after January 1, 1984, as well as electing participants born between January 1, 1951, and January 1, 1984, have ownership of and control over the investment of their retirement funds in various investment vehicles: (1) Tier I Investment Fund; (2) Tier II Investment Fund; and (3) Tier III Investment Accounts. Allows participating workers choosing the individual account option to have 100 percent of their redirected Social Security contribution for the calendar year (6.2 percent of the sum of the total wages paid to, and self-employment income derived by, the participant) deposited into the Tier I Investment Fund. Provides for transfer of any amount held in the Tier I Investment Fund into the Tier II Investment Fund, and for an individual's first election of a Tier III investment account once the total balance of the Tier II account exceeds the minimum deposit balance of $10,000. Directs the Executive Director to establish and maintain a part B totalization account for each participant. Provides workers choosing the individual account under the Tier II option with a variety of investment options, with the initial default option set at 60 percent stocks, and 40 percent bonds. Provides for retirement distributions, including purchase of annuities. Provides that workers who choose the individual account option shall receive a recognition bond, redeemable upon reaching retirement age, based on the accrued value of their lifetime to date benefits. Provides that, in any case in which a participant is entitled to, or eligible for, need-based cash benefits for any month, the supplemental minimum benefit payments otherwise payable to such participant for such month shall be reduced by the total amount of such recognized governmental cash benefits for such month. Establishes in the executive branch of the Government an Individual Investment Board to administer the program established under this Act. Amends the Internal Revenue Code to exempt from income taxation any fund created, account established, or annuity under part B of title II of the Social Security Act, unless subject to taxes on unrelated business income of charitible organizations. Excludes from the gross income of a distributee or payee: (1) any fund or account distribution or any annuity payment; or (2) the value of a recognition bond issued to a participant, or the proceeds from its sale or redemption. Amends SSA title II to provide that, except with respect to determination of disability insurance benefits, a participant shall not be credited with wages or self-employment income under part B of SSA title II. Provides for: (1) consumer price indexing of benefits for non-disability part A beneficiaries; and (2) the maintance of adequate balances in the Social Security trust funds.
United States · United States Congress · 2 February 2005
Small Business Health Fairness Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for establishment and governance of association health plans (AHPs), which are group health plans whose sponsors are trade, industry, professional, chamber of commerce, or similar business associations, and which meet certain ERISA certification requirements. (Thus, through ERISA preemption of State laws, certified AHPs are exempted from State regulation of health insurance providers, including State consumer protection laws and State requirements for health care benefits to be offered by such entities, with certain exceptions.)
United States · United States Congress · 2 February 2005
Class Action Fairness Act of 2005 - Amends the Federal judicial code to specify the calculation of contingent and other attorney's fees in proposed class action settlements that provide for the award of coupons to class members. Prohibits a Federal district court from approving: (1) a proposed coupon settlement absent a finding that the settlement is fair, reasonable, and adequate; (2) a proposed settlement involving payments to class counsel that would result in a net monetary loss to class members, absent a finding that the loss is substantially outweighed by nonmonetary benefits; (3) a proposed settlement that provides greater sums to some class members solely because they are closer geographically to the court; or (4) a proposed settlement that provides for the payment of a greater share of the award to a class representative versus other class members. Grants district courts original jurisdiction of any civil action in which the matter in controversy exceeds $5 million, exclusive of interest and costs, and that is between citizens of different States or between citizens of a State and a foreign State or its citizens or subjects. Lists those factors pursuant to which a district court may decline to exercise jurisdiction over a class action. Sets forth provisions governing the removal of interstate class actions to Federal district court and the review on appeal of remand orders. Grants the Federal courts of appeals jurisdiction to hear appeals of class action certification orders if notice of appeal is filed within 10 days of entry of such an order. Requires discovery and other proceedings to be stayed during the pendency of an appeal unless the court finds that specific discovery is necessary to preserve evidence or to prevent undue prejudice.
United States · United States Congress · 2 February 2005
Permanent Sales Tax Deduction Act of 2005 - Amends the Internal Revenue Code to make provisions authorizing a taxpayer election to deduct State and local sales taxes in lieu of State and local income taxes permanent.
United States · United States Congress · 1 February 2005
Military Personnel Financial Services Protection Act - Amends the Investment Company Act of 1940 to make it unlawful: (1) for any registered investment company to issue any periodic payment plan certificate; or (2) for such company or any depositor or underwriter of such company, or other person, to sell such a certificate. Directs the Securities and Exchange Commission (SEC) to report to specified congressional committees on: (1) any measures taken by a registered broker or dealer voluntarily to refund payments made by military service members on any such certificate; and (2) the sales practices of such brokers or dealers on military installations over the past five years. Amends the Securities Exchange Act of 1934 to require a registered securities association to establish and maintain: (1) a system for collecting and retaining broker/dealer registration information; and (2) a toll-free telephone listing, and a readily accessible process to respond promptly to registration information inquiries. Amends the Investment Advisers Act of 1940 to authorize the SEC to require an investment adviser to file with the SEC certain documentation. Directs the SEC to require such entity to maintain a toll–free telephone listing or other readily accessible process to receive and promptly respond to registration, disciplinary, and other relevant inquiries. Prohibits an insurer or producer from: (1) selling or soliciting, in person, any life insurance product to any member of the Armed Forces on a Federal military installation unless certain written disclosures have been provided before the sale; or (2) contracting with an insurance producer that solicits or sells life insurance on U.S. military installations unless the insurer has implemented a system for reporting any disciplinary actions against the producer to the appropriate State insurance commissioner. Requires the Secretary of Defense to establish a registry of insurance agents and financial advisors that have been barred or banned from doing business on Federal military installations.
United States · United States Congress · 1 February 2005
National Right-to-Work Act - Amends the National Labor Relations Act and the Railway Labor Act to repeal those provisions that permit employers, pursuant to a collective bargaining agreement that is a union security agreement, to require employees to join a union as a condition of employment (including provisions permitting railroad carriers to require, pursuant to such an agreement, payroll deduction of union dues or fees as a condition of employment).
United States · United States Congress · 1 February 2005
Calls for the Citizens' Stamp Advisory Committee to recommend, and the United States Postal Service to issue, a commemorative postage stamp to promote public awareness of Down syndrome.
United States · United States Congress · 26 January 2005
REAL ID Act of 2005 - Amends Immigration and Nationality Act provisions concerning asylum to: (1) authorize the Secretary of Homeland Security, in addition to the Attorney General, to grant asylum; (2) require asylum applicants to prove that race, religion, nationality, membership in a particular social group, or political opinion was or will be (if removed) the central reason for their persecution; and (3) provide that an applicant's testimony may be sufficient to sustain this burden of proof only if the trier of fact determines that it is credible, persuasive, and fact-specific. Gives the trier of fact discretion to require corroborating evidence. Lists factors relevant to credibility determinations in asylum cases. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to authorize the Secretary of Homeland Security to waive laws as necessary to ensure expeditious construction of certain barriers and roads at the U.S. border. Expands grounds of inadmissibility and deportability due to terrorist or terrorist-related activity. Modifies the provision defining "engage in terrorist activity" to eliminate the possibility of discretionary waivers of inadmissibility for material support of organizations or individuals that have engaged in terrorist activity. Expands the definition of "terrorist organization." Prohibits Federal agencies from accepting State issued driver's licenses or identification cards unless such documents are determined by the Secretary to meet minimum security requirements. Sets forth issuance standards for such documents that require: (1) evidence that the applicant is lawfully present in the United States; and (2) issuance of temporary driver's licenses or identification cards to persons temporarily present that are valid only for their period of authorized stay (or for one year where the period of stay is indefinite). Authorizes the Secretary to impose additional requirements. Requires States, as a condition of receiving financial assistance, to participate in the interstate compact regarding the sharing of driver's license data. Authorizes the Secretary to make grants to States to assist them in conforming to the document standards of this Act. Repeals overlapping provisions of the Intelligence Reform and Terrorism Prevention Act of 2004.
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
Unborn Child Pain Awareness Act of 2005 - Amends the Public Health Service Act to require an abortion provider, before beginning any abortion of a pain-capable unborn child (defined as an unborn child who has reached a probable stage of development of 20 weeks after fertilization), to: (1) make a specified statement to the pregnant woman that Congress has determined that there is substantial evidence that the process will cause the unborn child pain, and that the mother has the option of having pain-reducing drugs administered directly to the child; (2) provide to the woman an Unborn Child Pain Awareness Brochure (unless she waives receipt) or information on accessing such brochure on the Internet; (3) provide to the woman an Unborn Child Pain Awareness Decision Form; and (4) obtain on the form the woman's signature and her explicit request for or refusal of the administration of drugs to the child. Creates an exception for certified medical emergencies. Establishes penalties for willfully failing to comply with this Act, including civil penalties, medical license suspension, or both. Authorizes: (1) specified officials to bring suit in Federal court; and (2) private rights of action by a parent or guardian of a woman who is an unemancipated minor. Requires each State and State medical licensing authority to promulgate procedures for the revocation or suspension of a provider's license upon a court finding that the provider has violated this Act. Subjects a State that fails to implement such procedures to loss of Medicaid funding.
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.
![Official portrait of Rep. Carter, John R. [R-TX-31]](https://www.congress.gov/img/member/c001051_200.jpg)