United States · United States Congress · 22 September 2005
Methamphetamine Epidemic Elimination Act - Amends the Controlled Substances Act (CSA) to: (1) reduce the retail sales threshold for the sale of products containing pseudoephedrine or phenylpropanolamine from nine grams to 3.6 grams in a single transaction; (2) eliminate the "regulated transaction" exemption for any over-the-counter sale of such products (including blister packs) by retail distributors; (3) grant authority to establish production quotas for pseudoephedrine or phenylpropanolamine; and (4) penalize violators of such quotas. Amends the Controlled Substances Import and Export Act (CSIEA) to: (1) restrict the importation of ephedrine, pseudoephedrine, or phenylpropanolamine, with an exception; and (2) require a registered person importing such chemicals to include all information known regarding the chain of distribution. Authorizes the Attorney General to prohibit the importation of such chemicals in cases where a distributor refuses to provide such information. Amends the Foreign Assistance Act of 1961 to: (1) require the President, annually, to identify the countries that are the five largest exporters of methamphetamine precursor chemicals and the five largest importers with the highest rate of diversion of such chemicals to the illicit production of methamphetamine; and (2) include those countries among drug-producing or drug-transit countries from which foreign assistance funds may be withheld. Directs the Secretary of State to: (1) submit to Congress a comprehensive plan to address such diversion; and (2) take steps to prevent methamphetamine smuggling into the United States from Mexico. Amends CSA to lower the threshold for amounts of methamphetamine the manufacture, distribution, dispensation, possession, importation, or exportation of which is subject to specified penalties. Directs the Secretary of Transportation and the Administrator of the Environmental Protection Agency (EPA) to designate as hazardous materials or hazardous waste specified byproducts of the methamphetamine production process. Expands the scope of provisions regarding restitution for the cleanup of clandestine laboratory sites.
United States · United States Congress · 22 September 2005
Medicare Informed Choice Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to: (1) provide for an extended period of open enrollment during all of 2006 without late enrollment penalty; (2) give Medicare beneficiaries the opportunity to make a one-time change in prescription drug plan enrollment at any point in 2006; and (3) provide protection from loss of employment-based retiree health coverage upon enrollment for Medicare prescription drug benefit, including a Medicare Advantage-Prescription Drug benefit, during 2006.
United States · United States Congress · 22 September 2005
Timber Tax Act of 2005 - Amends the Internal Revenue Code to allow a tax deduction (available to taxpayers whether or not they itemize deductions) for up to 60% of gains from certain sales or exchanges of timber.
United States · United States Congress · 19 September 2005
Threatened and Endangered Species Recovery Act of 2005 - Amends the Endangered Species Act of 1973 to revise various provisions of that Act relating to the determination of endangered and threatened species, procedures for making such determinations, and the role of states and private property owners in the determination process. Defines "best available scientific data" and requires the use of such standard in making endangered species and other determinations under the Act. Revises provisions for designating endangered or threatened species and the process for reviewing lists of such species. Repeals the authority of the Secretary of the Interior (or the Secretary of Commerce) to designate a critical habitat for an endangered or threatened species. Directs the Secretary of the Interior to develop and implement recovery plans for endangered or threatened species and to establish recovery teams to assist in the development of such plans, giving priority to species that will most likely benefit from such plans. Authorizes the Secretary to: (1) enter into species recovery agreements and species conservation contract agreements with persons, other than federal or state governments, for conservation activities to protect endangered or threatened species; and (2) make grants to promote the voluntary conservation of endangered and threatened species by private property owners. Eliminates the Endangered Species Committee and the process for granting exemptions from endangered or threatened species determinations. Requires the Secretary to make certain information available to the public on the Internet, including lists of threatened or endangered species, final and proposed regulations under the Act, results of five-year reviews conducted under the Act, all draft and final recovery plans, and certain required reports and data. Requires the Secretary to report to Congress annually on expenditures made primarily for the conservation of species. Authorizes appropriations for FY2006-FY2010.
United States · United States Congress · 14 September 2005
Fair Wages for Hurricane Victims Act - Reinstates the application of the wage requirements of the Davis-Bacon Act to all federal contracts in counties affected by Hurricane Katrina, notwithstanding the President's proclamation dated September 8, 2005, or any other provision of law.
United States · United States Congress · 14 September 2005
Commends the entire National Aeronautics and Space Administration team and community, who provided invaluable technical support and leadership for the historic mission of Space Shuttle Discovery STS flight 114. Commends in particular Commander Eileen Collins, pilot Col. Jim Kelly, and mission specialists Charlie Camarda, Wendy Lawrence, Soichi Noguchi of Japan, Steve Robinson, and Andy Thomas.
United States · United States Congress · 7 September 2005
Federal Disaster Response Improvement Act of 2005 - Reestablishes the Federal Emergency Management Agency (FEMA) as an independent establishment in the executive branch. Transfers to the Director of FEMA the functions, personnel, assets, and liabilities of the Department of Homeland Security relating to FEMA.
United States · United States Congress · 7 September 2005
Declares that the House of Representatives: (1) expresses the condolences of the Nation to the victims of Hurricane Katrina; (2) commends the resiliency and courage of the people of Louisiana, Mississippi, and Alabama; and (3) commits to provide the necessary resources and to stand by the people of such states in the relief, recovery, and rebuilding efforts.
United States · United States Congress · 28 July 2005
Consumer Price Index for Elderly Consumers Act of 2005 - Directs the Bureau of Labor Statistics of the Department of Labor to prepare and publish a monthly Consumer Price Index for Elderly Consumers (CPI) that indicates changes over time in expenditures for consumption which are typical for individuals aged 62 years of age or older. Authorizes appropriations. Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVIII (Medicare) to provide for the use of such new CPI in the computation of cost-of-living increases for Social Security and Medicare benefits under such programs.
United States · United States Congress · 21 July 2005
Preserving Patient Access to Inpatient Rehabilitation Hospitals Act of 2005 - Prohibits the Secretary of Health and Human Services, during the period between July 1, 2005, and the date two years after the enactment of this Act, from: (1) requiring a compliance rate, pursuant to the criterion (commonly known as the "75 percent rule") used to determine whether a hospital or hospital unit is an inpatient rehabilitation facility, that is greater than the 50 percent compliance threshold that became effective on July 1, 2004; (2) changing the designation of any inpatient rehabilitation facility in compliance with the 50 percent threshold; or (3) conducting medical necessity review of inpatient rehabilitation facilities using any guidelines other than the national criteria established in the Medicare Benefits Policy Manual. Directs the Secretary to establish procedures for: (1) making any necessary retroactive adjustment to restore the status of a facility as an inpatient rehabilitation facility as a result of this Act; (2) making any necessary payments to inpatient rehabilitation facilities based on such adjustment for discharges occurring on or after July 1, 2005, and before enactment of this Act; and (3) developing and implementing an appeals process that provides for expedited review of any adjustment to the status of a facility as an inpatient rehabilitation facility made during such period Directs the Secretary to establish the National Advisory Council on Medical Rehabilitation to provide advice and recommendations to: (1) Congress and the Secretary concerning the coverage of rehabilitation services under title XVIII (Medicare) of the Social Security Act; and (2) appropriate federal agencies on how best to utilize available research funds and authorities focused on medical rehabilitation research.
United States · United States Congress · 19 July 2005
Stolen Valor Act of 2005 - Amends the federal criminal code to expand the prohibition against wearing, manufacturing, or selling military decorations or medals without legal authorization to prohibit purchasing, soliciting, mailing, shipping, importing, exporting, producing blank certificates of receipt for, advertising, or exchanging such decorations or medals without authorization. Prohibits falsely representing oneself as having been awarded any decoration or medal authorized by Congress for the Armed Forces or any of the service medals or badges. Increases penalties for violations if the offense involves a Distinguished Service Cross, an Air Force Cross, a Navy Cross, a silver star, or a Purple Heart.
United States · United States Congress · 14 July 2005
Expresses the sense of Congress that Congress should raise awareness of domestic violence in the nation by supporting the goals and ideals of National Domestic Violence Awareness Month.
United States · United States Congress · 30 June 2005
Children's Safety Act of 2005 - Sex Offender Registration and Notification Act - Requires: (1) each state, territory, and federally recognized Indian tribe to maintain a sex offender registry; and (2) each sex offender to register in the jurisdictions where the offender resides, is an employee, and is a student. Requires the Attorney General to: (1) maintain a National Sex Offender Registry at the Federal Bureau of Investigation (FBI); (2) establish a Sex Offender Management Assistance program; and (3) authorize sex offender apprehension grants. DNA Fingerprinting Act of 2005 - Amends: (1) the DNA Identification Act of 1994 to expand the scope of DNA (deoxyribonucleic acid) samples to be included in the Combined DNA Index System; and (2) the DNA Analysis Backlog Elimination Act of 2000 to authorize the Attorney General to collect DNA samples from individuals who are arrested or detained under U.S. authority. Prevention and Deterrence of Crimes Against Children Act of 2005 - Increases penalties for violent crimes against persons under age 18, including death or life imprisonment if the crime results in the death of a person under that age. Protection Against Sexual Exploitation of Children Act of 2005 - Increases penalties for sexual offenses against children. Foster Child Protection and Child Sexual Predator Sentencing Act of 2005 - Requires background checks and checks of national crime information databases and state child abuse registries before approval of foster or adoptive placements. Establishes: (1) procedures for the civil commitment of sexually dangerous persons; and (2) mandatory minimum penalties for child sex trafficking.
United States · United States Congress · 30 June 2005
Clear Law Enforcement for Criminal Alien Removal Act of 2005 or CLEAR Act of 2005 - States that: (1) state and local law enforcement personnel are fully authorized to investigate, apprehend, or transfer to federal custody aliens in the United States (including interstate transportation of such aliens to detention centers) in order to assist in the enforcement of U.S. immigration laws; and (2) a state that does not have a statute permitting enforcement of federal immigration laws within two years of enactment of this Act shall not receive certain federal incarceration assistance. Amends the Immigration and Nationality Act with respect to illegal aliens to: (1) establish criminal penalties for aliens unlawfully present in the United States; (2) increase specified criminal penalties for illegal entry and failure to depart violations; and (3) expand the scope of, and increase, civil penalties for improper entry or failure to depart. Provides for the listing of immigration violators in the National Crime Information Center database. Encourages states and localities to provide the Department of Homeland Security with specified information about apprehended illegal aliens. Provides federal reimbursement for related State and local costs. (States that such provision shall not require state or local enforcement officials to provide the Department with information related to a victim of a crime or witness to a criminal offense.) Directs the Secretary of Homeland Security to make grants to states and political subdivisions that enforce immigration laws in the course of their routine law enforcement duties for special equipment and facilities related to arresting, detaining, or transporting illegal aliens. Directs the Secretary to: (1) construct or acquire 20 additional detention facilities for aliens detained pending removal (or a decision on removal); and (2) consider the transfer of military installations under base closure laws for such purposes. Amends the Immigration and Nationality Act with respect to illegal aliens apprehended by state or local authorities to provide for: (1) federal custody upon state or local request; and (2) state or local compensation for related incarceration and transportation costs. States with respect to an alien subject to removal that the Attorney General or Secretary shall ensure such alien's detention in an adequate (as defined by this Act) state or local prison, detention center, or other comparable facility prior to his or her removal examination. Directs the Secretary to establish immigration-related training for state and local personnel. Provides: (1) personal liability immunity to the same extent as corresponding federal immunity for state or local personnel enforcing immigration laws within the scope of their duties under this Act; and (2) civil rights money damage immunity for state or local agencies enforcing immigration laws unless their personnel violated criminal law in such enforcement. States that the Department shall continue to operate the institutional removal program (IRP), which shall be expanded to all states. Authorizes state or local detention of an illegal alien after completion of such alien's prison sentence for: (1) up to 14 days to facilitate federal transfer; or (2) until transfer to the U.S. Immigration and Customs Enforcement. Amends the Immigration and Nationality Act to permanently authorize appropriations for the state criminal alien assistance program (SCAAP).
United States · United States Congress · 30 June 2005
Sex Offender Registration and Notification Act - Requires each: (1) jurisdiction to maintain a sex offender registry; and (2) sex offender to register, and keep the registration current, in each jurisdiction where the offender resides, is an employee, and is a student. Directs the offender and the jurisdiction to provide specified information for inclusion in the registry. Sets forth requirements regarding duration of the registration requirement. Penalizes jurisdictions for failure to comply with this Act. Establishes: (1) the Jessica Lunsford Address Verification Program; (2) the Dru Sjodin National Sex Offender Public Website; and (3) the Megan Nicole Kanka and Alexandra Nicole Zapp Community Program. Directs the Attorney General to: (1) maintain a National Sex Offender Registry at the Federal Bureau of Investigation (FBI); (2) develop and support related software; (3) establish and implement a Sex Offender Management Assistance program; (4) carry out a demonstration project of grants to jurisdictions using electronic monitoring devices; (5) ensure that the National Center for Missing and Exploited Children has access to the Interstate Identification Index; and (6) assist jurisdictions in locating and apprehending offenders who violate registration requirements. Amends the federal criminal code to: (1) set penalties for failure to register; and (2) prohibit the use of a controlled substance to substantially impair the ability of a person to appraise or control conduct in order to commit a sex offense. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to authorize grants to assist states in enforcing registration requirements.
United States · United States Congress · 28 June 2005
Amends the National Trails System Act to direct the Secretary of the Interior: (1) to submit to Congress a study regarding the feasibility and suitability of designating the Benge and Belle routes, the land components of the designated water routes in Tennessee, Alabama, Arkansas, and Oklahoma, the routes from the collection forts in Alabama, Georgia, North Carolina, and Tennessee to the emigration depots, and related campgrounds located along such routes and in such land components, by which the Cherokee Nation was removed to Oklahoma as additional components of the Trail of Tears National Historic Trail; and (2) upon completion of such study, if such routes are a feasible and suitable addition to the Trail, to designate them as components of such Trail.
United States · United States Congress · 23 June 2005
Covering Kids Act of 2005 - Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act (SSA) to direct the Secretary of Health and Human Services to award grants to eligible entities to: (1) conduct innovative outreach and enrollment efforts that are designed to increase the enrollment and participation of eligible children under SCHIP; and (2) promote understanding of the importance of health insurance coverage for prenatal care and children. Amends SSA title XIX (Medicaid) to grant a state the option to provide for simplified determinations of a child's financial eligibility for medical assistance under Medicaid or child health assistance under SCHIP.
United States · United States Congress · 20 June 2005
Teacher Tax Relief Act of 2005 - Amends the Internal Revenue Code to: (1) increase the allowable tax deduction for the expenses of elementary and secondary school teachers to $400; (2) allow the deduction of professional development expenses; and (3) make such deduction permanent.
United States · United States Congress · 15 June 2005
Pension Benefit Guaranty Corporation Pilots Equitable Treatment Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA), with regard to both single-employer and multiemployer plan guaranteed benefits, to require the Pension Benefit Guaranty Corporation, in the case of commercial airline pilots required by Federal Aviation Administration regulation to retire before age 65, to compute the actuarial value of monthly benefits in the form of a life annuity commencing at the required retirement age.
United States · United States Congress · 15 June 2005
Calls for Congress to support: (1) efforts to promote awareness of cancer in children; (2) increased investment in childhood cancer research; (3) incentives to encourage medical trainees and investigators to enter the field of pediatric oncology; (4) incentives to encourage the development of drugs and biologics designed to treat pediatric cancers; (5) policies that encourage participation in clinical trials; (6) medical education curricula designed to improve pain management for cancer patients; and (7) enhanced education, services, and other resources related to late effects from treatment.
United States · United States Congress · 13 June 2005
Louis Braille Bicentennial--Braille Literacy Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 coins emblematic of the life and legacy of Louis Braille, whose design: (1) on the obverse shall bear a representation of the image of Louis Braille; and (2) on the reverse shall emphasize Braille literacy and include the word for Braille in Braille code. Authorizes the Secretary to issue such coins only during 2009. Subjects all coin sales to a surcharge of $10 per coin. Requires all surcharges to be promptly paid by the Secretary to the the National Federation of the Blind to further its programs to promote Braille literacy.
United States · United States Congress · 8 June 2005
Abraham Lincoln Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 coins emblematic of the life and legacy of President Abraham Lincoln in commemoration of the bicentennial of his birth. Permits issuance of such coins only during 2009. Subjects the coin sales to a surcharge of $10 per coin.
United States · United States Congress · 26 May 2005
Keeping Our Promises to America's Children Act of 2005 - Provides a moratorium on compliance with certain requirements for adequate yearly progress under the Elementary and Secondary Education Act of 1965 as amended by the No Child Left Behind Act of 2001 (ESEA), for any fiscal year in which amounts appropriated are less than those authorized for the applicable program, project, or activity under ESEA title I (Improving the Academic Achievement of the Disadvantaged) part A (Improving Basic Programs Operated by Local Educational Agencies) (I-A). Authorizes state or local educational agencies receiving I-A funds to observe such moratorium. Directs the Secretary of Education to ensure that otherwise applicable negative consequences shall not apply to such recipients because of such action.
United States · United States Congress · 25 May 2005
Fairness and Independence in Redistricting Act of 2005 - Prohibits a state that has been redistricted after an apportionment from being redistricted again until after the next apportionment of Representatives, unless the state is ordered by a court to conduct such a subsequent redistricting in order to: (1) comply with the U.S. Constitution; or (2) enforce the Voting Rights Act of 1965. Requires such redistricting to be conducted through a plan developed by the independent redistricting commission established in the state, or if such plan is not enacted into law, the redistricting plan selected by the state's highest court or developed by a U.S. district court. Sets forth provisions regarding: (1) establishment of a state independent redistricting commission; (2) development of a redistricting plan; (3) its submission to the state legislature; (4) selection of a plan, under specified conditions, by the state's highest court or the U.S. district court for the district in which the capital of the state is located; (5) special rules for redistricting conducted under a federal court order; and (6) Election Assistance Commission payments to states for carrying out redistricting.
United States · United States Congress · 24 May 2005
Songwriters Capital Gains Tax Equity Act - Amends the Internal Revenue Code to define certain self-created musical works or copyrights in musical works as capital assets eligible for capital gains tax treatment.
United States · United States Congress · 18 May 2005
Jacob Wetterling, Megan Nicole Kanka, and Pam Lychner Sex Offender Registration and Notification Act or the Sex Offender Registration and Notification Act - Repeals existing provisions governing state registration programs for persons convicted of a criminal offense against a minor or of a sexually violent offense. Directs the Attorney General to carry out a Jacob Wetterling, Megan Nicole Kanka, and Pam Lychner Sex Offender Registration and Notification program under which a "covered individual" (an individual convicted of a listed offense against a minor) shall, for that individual's life, provide to the Attorney General specified information, including any change of address and employer. Lists exceptions. Sets penalties for violations. Requires the Attorney General to prescribe regulations to ensure that every covered individual wears and maintains a device that transmits information about that person's whereabouts to the domicile state, subject to specified requirements. Sets penalties for violations. Lists the responsibilities of the Attorney General and State or tribal actors. Provides for specified community notification by law enforcement. Directs the Attorney General to: (1) maintain a National Sex Offender Registry database to track the whereabouts and movements of covered individuals; (2) develop a software application that can be used by state and tribal actors; (3) establish and maintain a database to manage DNA information regarding covered individuals; and (4) carry out a Sex Offender Management Assistance program for awarding grants to states or tribal actors to offset costs associated with implementing this Act. Amends the Immigration and Nationality Act to subject to deportation any alien who is a covered individual and who fails to provide registration information under this Act.
United States · United States Congress · 17 May 2005
Pledge Protection Act of 2005 - Amends the Federal judicial code to deny jurisdiction to any Federal court, and appellate jurisdiction to the Supreme Court, to hear or decide any question pertaining to the interpretation of the Pledge of Allegiance or its validity under the Constitution. Makes this limitation inapplicable to: (1) any court established by Congress under its power to make needful rules and regulations respecting the territory of the United States; or (2) the Superior Court of the District of Columbia or the District of Columbia Court of Appeals.
United States · United States Congress · 12 May 2005
Children's Access to Vision Act of 2005 - Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to make grants to states for providing: (1) comprehensive eye examinations for children, with priority given to children under nine years old; (2) subsequent vision treatment or services to correct vision problems; and (3) educational materials to parents, teachers, and health care practitioners on recognizing signs of visual impairment in children. Directs the Secretary to: (1) develop criteria to collect data related to vision assessment and the utilization of follow-up services; and (2) coordinate the grant program with appropriate federal and state child services programs. Requires states to annually submit to the Secretary a program evaluation.
United States · United States Congress · 12 May 2005
Meth-Endangered Children Protection Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to carry out demonstration projects to provide comprehensive services for children who have been removed from environments in which methamphetamine is unlawfully manufactured, distributed, or dispensed.
United States · United States Congress · 12 May 2005
Preserving Patient Access to Physicians Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act with respect to payment for physicians' services to: (1) eliminate the sustainable growth rate payment update system; and (2) establish in its place an update to the single conversion factor for 2006 of at least 2.7 percent, and a formula for an update to the single conversion factor for years beginning with 2007. Requires the Secretary of Health and Human Services, in calculating the formula for the single conversion factor, to establish an input price index and estimate annually a productivity adjustment factor.
United States · United States Congress · 5 May 2005
New GI Bill of Rights for the 21st Century Act - Revises, expands, or provides new rights and benefits for members of the Armed Forces, veterans, and their dependents and survivors, including, among others: (1) an FY 2006 increase in funding for veterans' medical care; (2) a prohibition until the end of FY2006 on medication copayments and on the imposition of a health care system enrollment fee; (3) an extension until 2010 of Vietnam veterans' eligibility for readjustment counseling services; (4) the collection of data from pre- and post-deployment health assessments, and preventive maintenance post-deployment intervention; (5) the prevention, early detection, and treatment of post-traumatic stress disorder (PTSD) for returning troops; (6) a Department of Defense/Department of Veterans Affairs Council on Post-Deployment Mental Health; (7) survivors' and dependents' eligibility for family and bereavement counseling; (8) certain educational initiatives; (9) a National Steering Committee on PTSD Education and a PTSD public awareness program; (10) certain benefits and outreach services for disabled veterans; (11) an increase in survivors' dependency and indemnity compensation (DIC); (12) certain pay increases and bonuses for active-duty members; (13) an expansion of benefits under under both the active-duty and reserve Montgomery GI Bill programs; (14) employment assistance for homeless veterans; (15) expanded reserve member eligibility under the TRICARE program (a Department of Defense managed health care program); (16) certain recruitment and retention incentives for Selected Reserve members; and (17) certain pay matters with respect to Federal employees performing active-duty reserve service. Repeals the: (1) DIC offset from Survivor Benefit Plan surviving spouse annuities; (2) pay reduction and high school graduation requirement for participation in the Montgomery GI Bill educational assistance program; (3) delimiting date for entitlement to basic educational assistance under such program; (4) time limitation on the exclusion of combat zone compensation by reason of hospitalization; (5) tax cut (implemented in 2001) for high-income taxpayers; (6) scheduled termination of the phaseout of personal exemptions; and (6) scheduled phaseout of the overall limitation on itemized deductions.
United States · United States Congress · 4 May 2005
Veterans' Heritage Firearms Act of 2005 - Provides a 90-day amnesty period during which veterans and their family members can register in the National Firearms Registration and Transfer Record any firearm acquired before October 31, 1968, by a veteran while a member of the armed forces stationed outside the continental United States. Grants such an individual limited immunity under the Federal criminal code and the Internal Revenue Code with respect to the acquisition, possession, transportation, or alteration of such firearm before or concurrent with such registration. Extends such immunity to a veteran who attempts to register a qualifying firearm outside of the amnesty period if the veteran surrenders the firearm within 30 days after being notified of potential criminal liability for continued possession. Requires the Attorney General to: (1) transfer each firearm qualifying as a curio or relic which has been forfeited to the United States to the first qualified museum that requests it; and (2) publish information identifying each such firearm which is available to be transferred to a museum. Prohibits the Attorney General from destroying any such firearm which has been forfeited until five years after the forfeiture. Requires that any firearm transferred to a qualified museum be registered to the transferee. Makes a prohibition against transfer or possession of a machine-gun inapplicable to a transfer to or by, or possession by, a museum which is open to the public and incorporated as a not-for-profit corporation under applicable State law.
United States · United States Congress · 3 May 2005
Amends the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 to declare that, if the following conditions exist, the presumption of abuse guidelines do not apply and the bankruptcy court is prohibited from dismissing or converting a Chapter 7 petition based on any form of means testing: (1) while the debtor is on, and during the 180-day period after release from active duty in the U.S. military service; or (2) while the debtor is performing, and during the 180-day period after the debtor is no longer performing, a homeland defense activity performed for at least 60 days; and (3) if after September 11, 2001, the debtor was called to active duty or performed homeland defense activity, while a member of a reserve component of the Armed Forces or a member of the National Guard.
United States · United States Congress · 3 May 2005
Community Banks Serving Their Communities First Act, or the Communities First Act - Sets forth regulatory relief measures for community banks, including amendments to: (1) the Home Mortgage Disclosure Act to increase from $10 million to $250 million the asset levels of depository institution and home mortgage lenders that are exempt from disclosure requirements; (2) the Federal Deposit Insurance Act to permit certain insured depository institutions to submit a short form report of condition; and (3) the Sarbanes-Oxley Act of 2002 to exempt certain small-sized depository institutions from management assessment of internal controls requirements. Directs the Federal Reserve Board to publish proposed revisions to the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors that provide that: (1) the policy shall apply to a bank holding company with pro forma consolidated assets of less than $1 billion that meets specified criteria; and (2) the debt-to-equity ratio allowable for a small bank holding company to remain eligible to pay a corporate dividend and for expedited processing procedures would increase from 1:1 to 3:1. Amends the Federal Deposit Insurance Act to increase from $250 million to $1 billion the asset size of institutions eligible for Federal banking examinations conducted at intervals subject to discretion of the appropriate Federal banking agency. Amends the Federal Reserve Act to increase from $1 million to $1 billion of total assets the size of small banks exempt from the limitation placed on extensions of credit to executive officers, director and principal shareholders. Amends the Community Reinvestment Act of 1977 to increase from $250 million to $1 billion the size of financial institutions eligible for a less frequent examination schedule. Amends the Truth in Lending Act to direct the Board of Governors of the Federal Reserve System to prescribe regulations authorizing a consumer to waive the statutory three-day right of rescission in connection with a consumer credit transaction when the creditor is an insured depository institution. Amends the Home Mortgage Disclosure Act to exempt from its recordkeeping and public disclosure requirements a depository institution that makes fewer than 100 reportable loans annually. Amends the Gramm-Leach-Bliley Act to exempt specified financial institutions from the requisite annual disclosure of privacy policy. Amends the Federal Deposit Insurance Act to direct the Federal Deposit Insurance Corporation to review reports of condition periodically and reduce filings of related information or schedules pursuant to specified determinations. Amends the Federal Reserve Act to prohibit the aggregate amount of credit extensions that a member bank may make to an executive officer of the bank from exceeding $250,000. Amends the Internal Revenue Code to: (1) provide reduced tax rates and deferral of income recognition on long-term certificates of deposit; (2) exclude from gross income interest received by a qualified lender on any qualified real estate loan; (3) increase from $10 million to $30 million the cap on qualified small issue bonds; (4) provide limited liability company tax treatment for FDIC-insured limited liability companies; (5) provide a tax reduction on a C corporation which is a community bank; and (6) exempt community banks from the alternative minimum tax..
United States · United States Congress · 28 April 2005
American Veterans Disabled for Life Commemorative Coin - Directs the Secretary of the Treasury to mint and issue $1 silver coins emblematic of the design selected by the Disabled Veterans' LIFE Memorial Foundation for the American Veterans Disabled for Life Memorial, in commemoration of disabled American veterans. Expresses the sense of Congress that, to the greatest extent possible, the coins should be struck at the United States Mint at West Point, New York, Limits the period for coin issuance to the calendar year beginning on January 1, 2010. Imposes a $10 surcharge per coin, to be distributed to the Disabled Veterans' LIFE Memorial Foundation for the purpose of establishing an endowment to support the construction of American Veterans' Disabled for Life Memorial in Washington, D.C.
United States · United States Congress · 28 April 2005
Transparency and Accountability in Security Contracting Act - Directs that each "covered contract" (i.e., a contract entered into by the government with a private security contractor, or a task order issued under the contract) require contractors to provide the contracting officer with information at the time the contract is awarded and to update the information during contract performance regarding: (1) the number of persons being used to perform contract functions; (2) training of personnel; and (3) categories of activity required by the contract. Directs the contractor to provide: (1) pre-contract cost estimates of salary, insurance, materials, logistics, travel, administrative costs, and other contract costs; (2) before contract closeout, a report on the actual costs; and (3) casualty information. Sets forth oversight and emergency waiver authority provisions. Directs the Secretary of Defense (DOD), the Secretary of State, and the Administrator for the United States Agency for International Development (USAID) with respect to such contracts to: (1) prescribe minimum hiring standards, including criminal activity or security clearance information requirements, and (2) issue equipment guidance.
United States · United States Congress · 28 April 2005
San Francisco Old Mint Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 100,000 $5 gold coins and 500,000 $1 silver coins emblematic of the San Francisco Old Mint Building, its importance to California and U.S. history, and its role in rebuilding San Francisco after the 1906 earthquake and fire. Requires that all surcharges received by the Secretary from such coin sales be promptly paid to the San Francisco Museum and Historical Society for purposes of rehabilitating the Historic Old Mint in San Francisco as a city museum and an American Coin and Gold Rush Museum.
United States · United States Congress · 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 · 14 April 2005
Increases during FY 2006 through 2010 the minimum active-duty end strength levels for the Armed Forces. Directs the Secretary of Defense to manage the selection, training, and retention of Special Operations Forces so that the total number of such personnel is increased by 2,000 at the end of each of fiscal years 2006 through 2010, thus equaling a total increase of 10,000.
United States · United States Congress · 14 April 2005
Community Pharmacy Fairness Act of 2005 - Provides that antitrust laws shall apply to negotiations between groups of independent pharmacies and health plans and health insurance issuers in the same manner as such laws apply to collective bargaining by labor organizations under the National Labor Relations Act.
United States · United States Congress · 13 April 2005
Estate Tax Repeal for Family-Owned Farms and Businesses Act of 2005 - Amends the Internal Revenue Code to revise the estate tax exclusion for family-owned business interests. Repeals the maximum $675,000 deduction for such interests and allows heirs of qualified interests to exclude the adjusted value of such interests from the gross estate. Defines "qualified family-owned business interests" and revises ownership requirements and material participation rules applicable to family-owned business interests qualifying for the estate tax exclusion. Provides that qualified family-owned business interests and spousal property acquired from a decedent shall be treated as transferred by gift and that the basis of such property shall be the lesser of the adjusted basis of the decedent, or the fair market value of such property at the date of the decedent's death (thus eliminating estate tax on such property).
United States · United States Congress · 12 April 2005
Real Estate Investment Thrift Savings Act - Amends Federal law relating to the Federal Employees' Retirement System to provide for the establishment of a Real Estate Stock Investment Fund under the Thrift Savings Plan.
United States · United States Congress · 6 April 2005
Chinese Currency Act of 2005 - Amends the Tariff Act of 1930 regarding countervailing duty investigations to revise the definition of countervailable subsidy to include exchange-rate manipulation. Defines "exchange-rate manipulation" as protracted large-scale intervention by an authority to undervalue its currency in the exchange market that prevents effective balance-of-payments adjustment or that gains an unfair competitive advantage over any other country. Specifies factors for determining whether exchange-rate manipulation is occurring and a benefit thereby conferred. Applies the definition of "exchange-rate manipulation" to the Government of the People's Republic of China (PRC) or any other public entity within its territory. Specifies: (1) factors for determining whether exchange-rate manipulation is occurring in the PRC; (2) actions to be taken, if a petition for an investigation alleges and reasonably documents that it is occurring; and (3) the standard for presidential action to prevent or remedy the market disruption at issue (including import relief and its modification and extension). Directs the Secretary of Defense, upon proper request or resolution, to report to the U.S. International Trade Commission any determination as to whether or not the articles of the PRC that are the subject of the investigation are like or directly competitive with domestically produced articles critical to the U.S. defense industrial base. Prohibits the Secretary from procuring, directly or indirectly, such products if the Commission or the President or the U.S. Trade Representative makes an affirmative determination that the Secretary's determination is accurate. Provides for presidential waiver of the prohibition in the national security interests of the United States.
United States · United States Congress · 6 April 2005
Jessica Lunsford Act - Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to direct that State procedures include a process under which the State mails a nonforwardable verification form at least twice a year to the last known address of the person required to register as a sexually violent offender, to be returned within ten days after receipt, with failure to return the form within the period allowed punishable in the same manner as a failure to register. Requires a State prison officer, the court, or another responsible officer or official, if a person required to register is released from prison or placed on parole, supervised release, or probation, to: (1) notify the agency responsible for supervising the person that such person is required to register; and (2) provide that agency with the registration information relating to that person. Provides that a person required to register who has two or more convictions for failing to register or failing to keep such registration current shall, upon release from imprisonment, be required to wear a location-transmitting device (such as an anklet) at all times for not less than five years (ten years if the person is a sexually violent predator). Requires the State to frequently monitor the information transmitted. Sets forth provisions regarding compliance dates and loss of Federal funding for failure to implement this Act.
United States · United States Congress · 17 March 2005
Resolves that the Director of National Intelligence should promptly establish and oversee the implementation of a uniform, multi-level security clearance system across the intelligence community to fully leverage the cultural and linguistic skills of subject matter experts and individuals proficient in foreign languages critical to national security.
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 · 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
Cool and Efficient Buildings Act - Amends the Internal Revenue Code to allow a 20-year depreciation recovery period, calculated on a straight line basis, for heating, ventilation, air conditioning, or commercial refrigeration systems installed in nonresidential buildings.
![Official portrait of Rep. Cramer, Robert E. (Bud), Jr. [D-AL-5]](https://www.congress.gov/img/member/c000868_200.jpg)