United States · United States Congress · 28 April 2005
Amends the Harmonized Tariff Schedule of the United States to suspend, through December 31, 2008, the duty on Acrylic fiber tow (polyacrylonitrile tow) consisting of 1 to 12 sub-bundles crimped together, each containing 24,000 filaments (plus or minus 0.06) and 4-8 percent water, such acrylic fiber containing a minimum of 92 percent acrylonitrile, not more than 0.1 percent zinc, and average filament denier of 1.5 decitex (plus or minus 0.08).
United States · United States Congress · 28 April 2005
Asbestos Compensation Fairness Act of 2005 - Requires as an essential element of a nonmalignant asbestos or silica claim that there be physical impairment to which asbestos or silica exposure was a substantial contributing factor. Sets forth evidentiary requirements for a prima facie showing of: (1) physical impairment for nonmalignant asbestos or silica claims; (2) asbestos- or silica-related lung cancer; (3) asbestos-related other cancer; and (4) asbestos claims based upon mesothelioma. Requires evidence relating to physical impairment to comply with the AMA Guides to the Evaluation of Permanent Impairment. States that presentation of prima facie evidence meeting the foregoing requirements (excluding evidentiary requirements for mesothelioma) shall not: (1) result in a presumption of impairment at trial; (2) be conclusive as to any defendant's liability; and (3) be admissible at trial. Addresses claim consolidation, Federal jurisdiction and venue, preliminary proceedings, and the plaintiff's burden of proof. Delineates the statute of limitations for asbestos- and silica-related claims. States that an asbestos or silica claim arising out of a nonmalignant condition shall be a distinct cause of action from such a claim relating to the same exposed person arising out of asbestos- or silica-related cancer. Prohibits damage awards for fear or risk of cancer in civil actiosn premised on asbestos or silica claims. Specifies the scope of liability and damages for civil actions under this Act, providing that: (1) a defendant shall be liable only for that portion of a judgment for which the defendant is responsible; and (2) no punitive damages may be awarded. Establishes a cap for damages relating to noneconomic losses. Requires plaintiffs to disclose collateral source payments based upon the same claim at the time of filing suit. Reduces the amount of an award otherwise available by the amount of such collateral compensation. Sets forth liability rules applicable to product sellers, renters, lessors, and premises owners. Makes this Act applicable to any civil action asserting an asbestos or silica claim in which final judgment has not been entered as of the date of enactment.
United States · United States Congress · 27 April 2005
Telephone Excise Tax Repeal Act of 2005 - Amends the Internal Revenue Code to repeal the excise tax on communication services (i.e., local telephone service, toll telephone service, and teletypewriter exchange service).
United States · United States Congress · 27 April 2005
Supports: (1) initiatives for recreational boating safety education and accident prevention to minimize the number of annual recreational boating fatalities; and (2) the goals of National Safe Boating Week. Recognizes the Coast Guard, the Coast Guard Auxiliary, and the National Safe Boating Council for their efforts each year during May to highlight the importance of safe recreational boating.
United States · United States Congress · 21 April 2005
Pest Management and Fire Suppression Flexibility Act - Amends the Federal Water Pollution Control Act to state that the Administrator of the Environmental Protection Agency (EPA) shall not require a permit under the national pollutant discharge elimination system (NPDES), or require a State to mandate such a permit, for: (1) the proper use of a pesticide that is registered or otherwise approved for use under the Federal Insecticide, Fungicide, and Rodenticide Act; and (2) the use by or in cooperation with the Federal or State government of a fire retardant, chemical, or water for fire suppression, control, or prevention in accordance with relevant Federal guidelines; (3) silvicultural activities except for specified point source activities; and (4) the use of biological control organisms for the prevention, control, or eradication of plant pests or noxious weeds pursuant to specified provisions of the Plant Protection Act. Redefines "point source" to exclude from the term those public health protection, pest management, and silvicultural activities excluded from NPDES permit requirements under this Act.
United States · United States Congress · 21 April 2005
Social Security Personal Savings Guarantee and Prosperity Act of 2005 - Amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act (SSA) to establish: (1) a new part B (Personal Social Security Savings Program); and (2) the Social Security Personal Savings Fund in the Treasury, consisting of a separate Tier I Investment Fund and Tier II Investment Fund. Restricts participation in the program to certain individuals born on or after January 1, 1950. Allows a participating individual to elect to direct transfers from the Savings Fund, credited to his or her personal Social Security savings account, into one or more specified Tier III Investment Options. Prescribes requirements for personal Social Security savings annuity and other distributions. Establishes a Personal Social Security Savings Board to administer the program and set policies for the investment and management of the Savings Fund. Provides for recapture of corporate tax on yields attributable to personal Social Security savings account investments. Amends the Internal Revenue Code (IRC) to exempt the Social Security Personal Savings Fund and each Tier III Investment Option from income taxation. Excludes from gross income any qualified distribution from amounts credited to a personal Social Security savings account. Amends SSA title II part B to create in the Treasury the Self-Liquidating Social Security Transition Fund. Amends SSA title VII (Administration) to prohibit receipts and disbursements of the Social Security and related trust funds from being counted as new budget authority, outlays, receipts, or deficit or surplus. Amends SSA title II to dedicate budget surpluses to saving Social Security. Amends IRC to provide for a reduction of FICA rates resulting from the program. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for spending safeguards on the growth of entitlements and mandatories.
United States · United States Congress · 19 April 2005
Expresses support for the goals and ideals of a National Day of Remembrance for Murder Victims. Recognizes the significant benefits Parents of Murdered Children, Inc., provides to the loved ones of murder victims.
United States · United States Congress · 14 April 2005
Rural Health Training Incentive Act of 2005 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Director of the Office of Rural Health Policy, to award matching grants to five accredited schools of medicine or accredited schools of nursing to enable each school to conduct a demonstration program to encourage more health professionals to practice in rural areas. Requires at least one grant for a demonstration program for: (1) physicians in family medicine that includes a regional consortium with three or more family medicine residency programs that each have a residency rural training program and are located in three or more States; and (2) nurses, including registered nurses, nurse anesthetists, and nurse practitioners.
United States · United States Congress · 14 April 2005
Energy Policy Act of 2005 - Sets forth an energy research and development program, including: (1) energy efficiency; (2) renewable energy; (3) oil and gas; (4) coal; (5) Indian energy; (6) nuclear matters and security; (7) vehicles and motor fuels, including ethanol; (8) hydrogen; (9) electricity; and (10) energy tax incentives. Amends the National Energy Conservation Policy Act to: (1) institute grant programs for low-income community energy efficiency and energy efficient public buildings; and (2) revise energy conservation standards for additional consumer products. Amends the Energy Policy Act of 1992 to prescribe incentive payments for renewable energy production facilities. Amends the Federal Power Act to prescribe guidelines for hydroelectric licensing proposals for alternative conditions and requirements governing project works within a federal reservation. Instructs the Secretary of Energy to make incentive payments to promote hydroelectric production. Amends the Natural Gas Act with respect to: (1) construction, expansion, or operation of liquefaction or gasification natural gas terminals; and (2) natural gas market transparency. Prescribes procedural guidelines for the Secretaries of the Interior and of Agriculture to enter into a Memorandum of Understanding regarding oil and gas leasing on federal lands. United States Refinery Revitalization Act of 2005 - Prescribes procedural guidelines for: (1) designation of refinery revitalization zones; and (2) coordination and expeditious review of permitting process for such zones. Sets forth a Clean Coal Power Initiative campaign that includes grants to universities to establish Centers of Excellence for Energy Systems of the Future. Authorizes federal loan guarantees for designated coal gasification projects. Amends the Energy Policy Act of 1992 to prescribe implementation guidelines for a clean air coal program. Indian Tribal Energy Development and Self-Determination Act of 2005 - Amends the Department of Energy Organization Act and the Energy Policy Act of 1992 to establish the Office of Indian Energy Policy and Programs to promote Indian tribal energy resource development through grants and loans. Prescribes guidelines for energy efficiency in federally assisted housing on Indian lands. Price-Anderson Amendments Act of 2005 - Amends the Atomic Energy Act of 1954 to modify and extend indemnification authority and liability limits for Nuclear Regulatory Commission (NRC) licensees and Department of Energy (DOE) contractors. Prohibits assumption by the U.S. Government of liability for certain foreign incidents. Directs the NRC to establish a training and fellowship program for individuals with critical nuclear safety regulatory skills. Revises requirements for: (1) uranium sales; (2) special demonstration projects for the uranium mining industry; (3) whistleblower protection requirements; (4) medical isotope production; (5) uranium enrichment facilities; and (6) the national uranium stockpile. Instructs the Secretary of Energy to establish an Advanced Reactor Hydrogen Co-Generation Project. Provides for disposal of: (1) Fernald uranium processing facility byproduct material; and (2) greater-than-class C radioactive waste. Establishes programs to promote: (1) hybrid vehicles; (2) hybrid retrofit and electric conversion technologies for combustion engine vehicles; and (3) alternative fuels for dual-fueled vehicles. Sets forth implementation guidelines for pilot programs that target: (1) alternative fueled vehicles; (2) fuel cell buses and alternative fuel and altra-low sulfur diesel fuel (clean) school buses; (3) advanced vehicles; and (4) hybrid vehicles. Instructs the Secretary of Energy to conduct programs that address: (1) production of hydrogen from diverse energy sources; and (2) solar and wind technologies. Directs the Secretary to conduct: (1) a secondary electric vehicle battery use program; and (2) a Next Generation Lighting Initiative. Directs the Secretary of Energy to implement initiatives regarding: (1) energy efficiency; (2) distributed energy and electric energy systems; (3) renewable energy; (4) nuclear energy; (5) fossil energy; (6) ultra-deepwater and unconventional natural gas, and other petroleum resources; (7) energy sciences; (8) energy and environment; (9) United States-Israel cooperation; and (10) Department of Energy management. Electric Reliability Act of 2005 - Amends the Federal Power Act to grant Federal Energy Regulatory Commission (FERC) regulatory jurisdiction over an Electric Reliability Organization. Amends the Public Utility Regulatory Policies Act of 1978 to: (1) require electric utilities to make net metering and smart metering available upon consumer request; and (2) terminate mandatory purchase and sale requirements pertaining to cogeneration and small power production utilities. Public Utility Holding Company Act of 2005 - Repeals the Public Utility Holding Company Act of 1935. Amends the Federal Power Act to: (1) direct FERC to promulgate market transparency rules governing wholesale electric energy and transmission services; and (2) prohibit round trip trading. Authorizes the Federal Trade Commission (FTC) to issue rules that prohibit in the absence of consumer consent: (1) the change of selection of an electric utility ("slamming"); and (2) the sale of goods and services to an electric consumer ("cramming"). Revises Federal Power Act requirements for electric utility mergers. Directs FERC to convene a joint board to study the issue of security constrained economic dispatch for a market region. Retains the effect of Department of Energy Order No. 202-03-2 (August 28, 2003) regarding transmission security. Extends the attainment date for certain downwind ozone nonattainment areas. Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency (Administrator) to promulgate regulations ensuring that domestic motor vehicle fuel consumption includes renewable fuel containing ethanol. Authorizes the Secretary of Energy to make grants to provide assistance to merchant producers of methyl tertiary butyl ether (MTBE) in making the transition from producing MTBE to producing iso-octane, iso-octene, alkylates, or renewable fuels. Prohibits the use of MTBE in motor vehicle fuel by December 31, 2014, in any state that does not specifically authorize it. Authorizes the President to determine by June 30, 2014, that this prohibition against the use of MTBE in motor vehicle fuel shall not take place and that the legal authority to prohibit its use in motor vehicle fuel shall become null and void. Eliminates the oxygen content requirement for reformulated gasoline. Conditions the Administrator's approval of state fuel restrictions upon a finding that they will neither cause fuel supply or distribution interruptions nor have a significant adverse impact on fuel producibility. Authorizes the Secretary of Energy to: (1) make loan guarantees for private sector construction of facilities for the processing and conversion of municipal solid waste and cellulosic biomass into fuel ethanol and other commercial byproducts; and (2) provide grants for construction of ethanol production facilities. Underground Storage Tank Compliance Act of 2005 - Amends the Solid Waste Disposal Act to require the Administrator to distribute specified fund percentages from the Leaking Underground Storage Tank Trust Fund to states to pay costs for regulation of underground storage tanks (USTs). Amends the Clean Air Act to cite conditions under which the Administrator may waive the prohibition against the use of extreme and unusual fuel or fuel additive supplies ("boutique fuels").
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 · 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 · 13 April 2005
Abandoned Mine Lands Reclamation Reform Act of 2005 - Amends the Surface Mining Control and Reclamation Act of 1977 to repeal the authorization that certain moneys in the Abandoned Mine Reclamation Fund may be used: (1) by the Secretary of Agriculture for reclamation of rural lands; and (2) by the Department of the Interior for studies by contract with organizations for advice and research and development projects technical assistance. Reduces the reclamation fee required to be paid by operators of coal mining operations. Revises Fund allocation requirements with respect to reclamation fees. Repeals Fund objectives concerning: (1) protection , construction, or enhancement of public facilities affected by coal mining practices; and (2) development of publicly owned land adversely affected by coal mining practices, including land acquired for recreation and historic purposes, conservation, reclamation, and open space. Expands certification guidelines to prescribe payments to: (1) qualified States and Indian tribes; and (2) non-qualified States and Indian tribes. Prescribes procedural guidelines for transfers of interest earned by the Fund to: (1) the United Mine Workers of America Combined Benefit Fund; (2) the United Mine Workers of America 1992 Benefit Plan; and (3) a specified multiemployer health benefit plan.
United States · United States Congress · 12 April 2005
Collegiate Housing and Infrastructure Act of 2005 - Amends the Internal Revenue Code to allow tax-exempt charitable or educational organizations to make collegiate housing and infrastructure improvement grants to certain tax-exempt social clubs (e.g., college fraternities and sororities) so long as all of the active members of such clubs are full-time students at the college or university with which such clubs are associated. Defines "collegiate housing and infrastructure grants" to include grants to provide, improve, operate, or maintain collegiate housing.
United States · United States Congress · 12 April 2005
Small Business Tax Flexibility Act of 2005 - Amends the Internal Revenue Code to allow certain S corporations a one-time election to transfer money or property to a partnership without recognition of gain or loss by the shareholders of such corporation. Treats all distributions of the money or property of an electing S corporation as a distribution in part or full payment in exchange for the stock of such corporation. Requires transferee partnerships to maintain the continuity of the S corporation's business for five years after the conversion to partnership form or pay a recapture tax in the year in which failure to maintain such continuity first occurs.
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 · 6 April 2005
Social Security Benefits Tax Relief Act of 2005 - Amends the Internal Revenue Code to repeal the 85 percent maximum tax rate on Social Security and Railroad Retirement benefits enacted by the Omnibus Budget Reconciliation Act of 1993. Appropriates, from the general fund, to the Hospital Insurance Trust Fund amounts equal to the reduction in revenues resulting from this repeal.
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
Directs the Secretary of the Interior to make full payment to each unit of general local government in which entitlement land is located pursuant to current Federal law relating to payment for such land. Instructs the Secretary, if funds are not appropriated in amounts required for the Secretary to make full payment to a local government entity as required above, to convey to that local entity Federal land with a fair market value equal to the deficiency in the payment within the geographic boundary of that local government, with the exception of: (1) a unit of the National Park System; (2) a National Wilderness Area; and (3) a unit of the National Wildlife Refuge System. Requires conveyances under this Act to be completed not more than 90 days after the Secretary receives written notification of the selection from the local government.
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
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
Federal Land Asset Inventory Reform Act of 2005 - Directs the Secretary of the Interior to develop a multipurpose cadastre of Federal real property (an inventory of real property of the Federal Government developed through the collection of geographical and digital data depicting natural or man-made physical features, phenomena, and boundaries of the earth and any related information) to assist with Federal land management, resource conservation, and development of real property, including any Federal land which is no longer required to be owned by the Government. Authorizes the Secretary to enter into cost-sharing agreements with States to include any non-Federal lands in a State in such cadastre. Limits the Federal share of any such agreement to 50 percent of the total cost to a State for the development of the cadastre of the non-Federal lands in the State. Requires the Secretary to submit a report on: (1) the existing real property inventories or any components of any cadastre currently authorized by law or conducted by the Department of the Interior; (2) the inventories and components that will be or will not be eliminated or consolidated into the multipurpose cadastre authorized by this Act; (3) the cost savings that will be achieved; and (4) recommendations for any legislation necessary to increase cost savings and enhance the effectiveness and efficiency of replacing, eliminating, or consolidating real property inventories or any components of a cadastre currently authorized by law or conducted by the Department of the Interior.
United States · United States Congress · 17 March 2005
Civil Air Patrol Homeland Security Benefits Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to include as a "public safety officer" for purposes of provisions governing death benefits a volunteer civilian member of the Civil Air Patrol engaged in: (1) active service rendered in performance or support of operational missions of the Patrol under the direction of the Department of the Air Force and performed consistent with written authorization that specifies a finite assignment; or (2) travel to or from such service.
United States · United States Congress · 17 March 2005
National Drought Preparedness Act of 2005 - Establishes the National Drought Council which shall: (1) develop a national drought policy action plan; (2) evaluate Federal drought-related programs; (3) coordinate and prioritize enhancement of the national integrated drought system; and (4) provide for the development of a drought information delivery system, drought planning models, and drought preparedness plans. Terminates the Council eight years after enactment of this Act. Requires the Secretary of Agriculture to establish the National Office of Drought Preparedness. Establishes within the Department of Agriculture the Drought Assistance Fund, which shall be used to: (1) assist State, local, tribal, and critical service entities with drought-related activities; and (2) expand the technology transfer of drought and water conservation strategies. Requires: (1) the Secretary to publish guidelines for administering a national technical and financial drought assistance program; and (2) the Secretaries of Agriculture, the Interior, and the Army, and other appropriate Federal agency heads to implement integrated drought preparedness plans. Authorizes States, Indian tribes, local governments, and regional, water providers to develop and implement drought preparedness plans.
United States · United States Congress · 17 March 2005
Volunteer Responder Incentive Protection Act of 2005 - Amends the Internal Revenue Code to exclude from gross income and to exempt from social security, unemployment taxes, and withholding of tax requirements rebates of real or personal property taxes or any other benefit provided by a State or local government to a member of a volunteer emergency response organization providing firefighting or emergency medical services.
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 · 17 March 2005
Expresses the sense of the House of Representatives that: (1) Second Lieutenant Ilario Pantano, U.S. Marine Corps, was defending the cause of freedom, democracy, and liberty in his actions of April 15, 2004, that resulted in the deaths of two suspected Iraqi insurgents and that subsequently gave rise to certain charges against him; and (2) the U.S. Government should dismiss all charges against him arising out of such actions.
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 · 15 March 2005
Critical Habitat Enhancement Act of 2005 - Amends the Endangered Species Act of 1973 to require the relevant Secretary (the Secretary of the Interior or the Secretary of Commerce) to make any designation of critical habitat of an endangered or threatened species not later than one year after final approval of a recovery plan for the species or three years after final regulations implementing a determination that the species is endangered or threatened, whichever is earlier. Directs the Secretary to reconsider determinations that critical habitat designation is not practicable or determinable during the next five-year review of listed species or at the time of final approval of a recovery plan for the species. Makes critical habitat designations inapplicable to actions authorized by: (1) an incidental taking permit; (2) an incidental taking statement provided by the Secretary; or (3) a land conservation or species management program that meets specified requirements. Directs the Secretary, in determining whether an area is critical habitat, to seek and consider information from local governments in the vicinity of the area. Specifies factors for consideration in determining the economic impact of critical habitat designation. Modifies notice requirements applicable to proposed designations of critical habitat to require that any municipality having administrative jurisdiction over the area in which the species is believed to occur is given actual notice. Redefines "critical habitat" to mean geographic areas determined by field survey data to be occupied by the species at the time of designation and which are necessary to the continued existence of the species.
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 · 14 March 2005
Social Security Right to Know Act of 2005 - Amends the Social Security Act to require Social Security account statements to contain additional information, such as a statement of the current Social Security tax rates applicable to wages and self-employment income, including an indication of the combined total of such rates of employee and employer taxes with respect to wages.
United States · United States Congress · 10 March 2005
Time for Recovery and Equal Access to Treatment in America (TREAT America) Act of 2005 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to prohibit a group health plan or group health coverage that provides both medical and surgical benefits and substance abuse benefits from imposing treatment limitations or financial requirements on the substance abuse treatment benefits unless similar limitations or requirements are imposed for medical and surgical benefits. Excludes such requirements for plans and coverage for small employers and for cases in which the application of such requirements results in an increase in the cost under the plan of at least one percent. Applies such requirements to health insurance coverage offered in the individual market.
United States · United States Congress · 10 March 2005
Gynecologic Cancer Education and Awareness Act of 2005 or Johanna's Law - Directs the Secretary of Health and Human Services to carry out a national campaign to increase the awareness and knowledge of women with respect to gynecologic cancers, which shall include: (1) maintaining a supply of written materials to provide information to the public on gynecologic cancers; and (2) developing and placing public service announcements to encourage women to discuss their risks of gynecologic cancers with their physicians. Requires the Secretary to award grants to nonprofit private entities to test different outreach and education strategies for increasing such awareness among women and health professionals.
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 · 10 March 2005
Aerial Firefighter Relief Act of 2005 - Amends the Federal Land Policy and Management Act of 1976 to provide for death and disability benefits for aerial firefighters who serve the Forest Service or any agency of the Department of the Interior and suffer death or disability in the line of duty. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to provide for similar eligibility of aerial firefighters for public safety officer death benefits, applicable to a public agency.
United States · United States Congress · 10 March 2005
Children's Hospitals Education Equity and Research (CHEER) Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to make payments through FY 2010 (currently, through FY 2005) to children's hospitals for expenses associated with operating approved graduate medical residency training programs. Excludes reductions for unused resident positions when calculating the number of full-time residents in a children's hospital's approved training program for purposes of reimbursing direct expenses. Requires the Secretary to adjust the proportion of such a hospital's costs attributable to wages for differences in hospital wage levels by geographic area. Authorizes appropriations through FY 2010 for direct and indirect expenses associated with operating such programs. Requires that funds appropriated for such programs for a fiscal year remain available for obligation through the end of the succeeding fiscal year. Limits the ability to recoup funds unless a demand for recoupment is made by the end of the fiscal year. Sets forth an appeals procedure and limitations on retroactivity for decisions affecting the amount of payments to a hospital for such programs.
United States · United States Congress · 10 March 2005
No Net Loss of Private Land Act - Allows the the Secretary of Agriculture and the Secretary of the Interior, in the case of a State in which 25 percent or more of all land in the State is owned by the United States, to acquire an interest in a parcel of land consisting of 100 or more acres in the State on behalf of the United States only if all right, title, and interest of the United States in the surface estate of another parcel of land in that State is conveyed, the value of which is approximately equal in value to the land being acquired. Prohibits the Secretary of Agriculture or the Secretary of the Interior (the Secretary concerned) from dividing a parcel of land consisting of 100 or more acres into smaller parcels to avoid such requirements. Specifies exceptions. Allows the Secretary concerned to waive such requirements with respect to the acquisition of a particular parcel of land in a time of war or a national emergency when such acquisition is necessary as part of the U.S. response to the war or national emergency.
United States · United States Congress · 10 March 2005
Recognizes that prayer before school board meetings is a protected act and expresses support for such prayer. Expresses dissaproval of a decision by the U.S. District Court for the Eastern District of Louisiana ruling against such prayer at Tangipahoa School Board meetings.
United States · United States Congress · 9 March 2005
Mineral Leasing Act Amendments of 2005 - Amends the Mineral Leasing Act of 1920 regarding reinstatement of cancelled leases to require certain lessees to file a petition for reinstatement (together with the required back rental and royalty accruing after the date of termination): (1) within 120 days after the date of the enactment of this Act; or (2) on or before 60 days after receipt of the notice of termination sent by the Secretary by certified mail to all lessees of record. States that these requirements do not apply to any lessee who received a notice of termination less than 13 months after termination.
United States · United States Congress · 8 March 2005
Provides for the mountain known as "Devils Tower" at the Devils Tower National Monument in Wyoming to continue to be named and referred to as "Devils Tower."
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
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
Essential Air Service Preservation Act of 2005 - Amends Federal transportation law to repeal the mandate for the Essential Air Service local participation program (a pilot program under which up to ten designated essential air service communities located near hub airports shall assume ten percent of their essential air service subsidy costs for a four-year period).
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 · 2 March 2005
Authorizes the Secretary of the Interior, acting through the Commissioner of Reclamation, to enter into one or more contracts with the City of Cheyenne, Wyoming, for the annual storage of the city's water for municipal and industrial use in the Seminoe Dam and Reservoir of the Kendrick Project on the North Platte River. Limits the term of such a contract to not more than 40 years and authorizes renewals. Requires: (1) operation and maintenance charges received under such a contract to be credited against applicable operation and maintenance costs of the Project; and (2) any other revenues received to be credited to the Reclamation Fund for Project construction costs.
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
National Parks Anniversaries-Great American Spaces Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue silver coins emblematic of certain National Parks that are observing historic anniversaries of their founding. Directs the Secretary to take action to ensure that minting and issuing coins under this Act will not result in any net cost to the United States Government. Prohibits coin issuance unless the Secretary has received: (1) full payment for the coin; (2) security satisfactory to the Secretary to indemnify the United States for full payment; or (3) a guarantee of full payment satisfactory to the Secretary from a depository institution whose deposits of which are insured by either the Federal Deposit Insurance Corporation, or the National Credit Union Administration Board.
![Official portrait of Rep. Cubin, Barbara [R-WY-At Large]](https://www.congress.gov/img/member/c000962_200.jpg)