United States · United States Congress · 26 May 2005
Public Expression of Religion Act of 2005 - Amends the Revised Statutes of the United States to limit the remedy to injunctive relief and deny attorneys' fees in a civil action against a state or local official for deprivation of rights where the deprivation consists of a violation of a prohibition in the Constitution against the establishment of religion.
United States · United States Congress · 26 May 2005
United States-Israel Energy Cooperation Act - Directs the Secretary of Energy, in consultation with the United States-Israel Binational Industrial Research and Development Foundation (BIRD), or the United States-Israel Binational Science Foundation (BSF), to establish a grant program for joint ventures, composed of both Israeli and U.S. private business entities or of U.S. and Israeli academic persons, to implement projects to encourage cooperation between the United States and Israel on research, development, or commercialization of alternative energy, improved energy efficiency, or renewable energy sources. Establishes in the Department of Energy an International Energy Advisory Board to advise the Secretary on the grant program and grant recipients.
United States · United States Congress · 26 May 2005
Right to Fly Act - Amends the International Air Transportation Competition Act of 1979 to repeal the restriction to certain charter, commuter, and flights to contiguous states of air transportation for compensation or hire between Love Field, Texas, and one or more points outside the State of Texas.
United States · United States Congress · 26 May 2005
Recognizes and commends employers of members of the National Guard and other reserve components who have been mobilized during the Global War on Terrorism. Urges the Department of Defense to continue to develop long-term strategies to maintain a high level of support between such employers through: (1) the Civilian Employment Information Program database; (2) a more predictable system for the mobilization and demobilization of such members; and (3) opportunities to address employer groups on future mobilization plans and future roles of the reserve components.
United States · United States Congress · 26 May 2005
Condemns the government of the Democratic People's Republic of Korea for the abduction and continued captivity of citizens of the Republic of Korea and Japan as acts of terrorism and violations of human rights. Calls upon the U.S. government not to remove the Democratic People's Republic of Korea from the Department of State's list of State Sponsors of Terrorism until North Korea renounces state-sponsored kidnapping and provides a full accounting of all abduction cases. Admonishes the government of the People's Republic of China (PRC) for the forced repatriation to North Korea of Han Man-taek, a South Korean prisoner-of-war and comrade-in-arms of the United States, and for its failure to exercise sovereign control over North Korean agents operating freely within its borders.
United States · United States Congress · 25 May 2005
Southeast Arizona Land Exchange and Conservation Act of 2005 - Directs the Secretary of Agriculture (the Secretary) to convey to Resolution Copper Mining, LLC, all, right, title, and interest of the United States in and to specified federal land in Pinal county, Arizona, in exchange for Resolution Copper conveying to the United States title to: (1) the Secretary to specified non-federal land in Gila, Yavapai, Maricopa, and Pinal counties, Arizona, and (2) the Secretary of the Interior to specified non-federal land in Pinal and Santa Cruz counties, Arizona. Directs the Secretary to convey specified land in Pinal county to the town of Superior, Arizona. Instructs Resolution Copper to deliver to the Secretary an executed document granting a permanent conservation easement to an entity that is: (1) a qualified unit of government; or (2) a land trust or other qualified organization. Requires Resolution Copper and the grantee, in consultation with the town and other interested parties, to determine whether the area covered by the easement should be used to establish additional public access routes, trails, and trailheads to Apache Leap. Directs the Secretary, in consultation with Resolution Copper, the town, and other interested parties, to: (1) construct in the Global Ranger District of the Tonto National Forest a replacement campground or campgrounds for the Oak Flat Campground; and (2) provide a replacement rock climbing area or areas on National Forest or public land.
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 · 23 May 2005
Stem Cell Therapeutic and Research Act of 2005 - Requires the Secretary of Health and Human Services to contract with qualified cord blood stem cell banks to assist in the collection and maintenance of human cord blood to be made available for transplantation through the C.W. Bill Young Cell Transplantation Program. Requires the Secretary to require that recipients of such contracts: (1) acquire and store donated units of human cord blood acquired with the informed consent of the donor in a manner that complies with applicable Federal and State regulations; and (2) make collected cord blood units available for stem cell transplantation or, if not appropriate for clinical use, available for peer-reviewed research. Amends the Public Health Service Act to require the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to establish and maintain the Program to increase the number of transplants for recipients suitably matched to biologically unrelated donors of bone marrow and cord blood. Requires the Secretary to establish an Advisory Council to advise the Secretary on matters related to Program activities. Requires the Program to: (1) operate a system for identifying, matching, and facilitating the distribution of donated cord blood units; (2) allow transplant physicians, health care professionals, and patients to search by electronic means for available cord blood units; (3) support studies and demonstration and outreach projects for the purpose of increasing cord blood donation to ensure a genetically diverse collection of cord blood units; and (4) carry out information and educational activities for the purpose of increasing cord blood donation and promoting the availability of cord blood units as a transplant option. Requires the Secretary to establish and maintain a scientific database of outcome information relating to patients who have been recipients of stem cell therapeutics product from a biologically unrelated donor (replacing provisions establishing a bone marrow scientific registry).
United States · United States Congress · 18 May 2005
Commission on the Accountability and Review of Federal Agencies Act - Establishes the Commission on the Accountability and Review of Federal Agencies to: (1) evaluate executive agencies and their programs; and (2) submit to Congress a plan recommending agencies and programs that should be realigned or eliminated and proposing implementing legislation. Directs the President to: (1) establish a systematic method for assessing the effectiveness and accountability of agency programs; and (2) submit to the Commission assessments of not less than half of the programs that use such method. Prohibits the implementation of such method until it has been reviewed and accepted by the Commission. Requires the Commission to consider submitted assessments in evaluating programs. Requires the President to identify common performance measures for programs having similar functions and provide the Commission with data on such measures.
United States · United States Congress · 17 May 2005
College 529 Invest in Education Savings for Tomorrow Act of 2005 - Makes permanent the provisions relating to qualified tuition programs enacted by the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA).
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 · 17 May 2005
Expresses the sense of the Congress that: (1) Taiwan deserves full membership in the World Health Organization (WHO) and other international organizations; and (2) the United States should take a leading role in condemning Taiwan's exclusion from the World Health Assembly in 2005, and in gaining international support for Taiwan's membership in WHO and other international organizations.
United States · United States Congress · 12 May 2005
Health Care Choice Act of 2005 - Amends the Public Health Service Act to provide that the laws of the primary state (as designated by the health insurance issuer) apply to individual health insurance coverage offered by that issuer both in the primary state and in any secondary state if the coverage and issuer comply with this Act. Exempts health insurance issuers from any laws of the secondary state that would: (1) regulate the operation of the health insurance issuer in the secondary state, except for certain activities, including paying taxes and registering with the state insurance commissioner; (2) require any individual health insurance coverage issued by the issuer to be countersigned by an agent or broker residing in the secondary state; or (3) discriminate against the issuer issuing insurance in both the primary state and any secondary state. Prohibits a health insurance issuer that provides individual health insurance coverage in a primary or secondary state from: (1) upon renewal, taking certain actions based on health-status related factors, including increasing premiums assessed; and (2) offering coverage in a secondary state that is not currently offered for sale in the primary state. Allows states to require brokers to obtain a license from that state, but not to impose any requirements that discriminate against nonresident brokers. Requires health insurance issuers offering coverage in both primary and secondary States state to submit to the insurance commissioner of each state: (1) a copy of a plan of operation, a feasibility study, or similar statement; (2) written notice of any change in designation of its primary state; and (3) quarterly financial statements. Sets forth requirements (regarding determination of capital and an independent review process) that must be met by primary states in order for an issuer to provde insurance in a secondary state. Gives sole jurisdiction to primary states to enforce the covered laws in primary and secondary states.
United States · United States Congress · 12 May 2005
Common Sense Indian Gambling Reform Act - Amends the Indian Gaming Regulatory Act with respect to: (1) background investigations, approval of financial interests, and funding of the National Indian Gaming Commission; (2) Class II and Class III gaming on trust lands on which an Indian tribe has declared an intention to conduct gaming activities; (3) conditions required for exception to gaming restrictions on certain land; (4) approval of compacts by State; and (5) exceptions to certain restrictions on gaming.
United States · United States Congress · 11 May 2005
Family Budget Protection Act of 2005 - Amends the Congressional Budget Act of 1974 to eliminate the May 15 deadline for consideration of annual appropriations measures. Requires annual joint (currently, concurrent) budget resolutions signed by the President. Provides for an amendment to change the statutory limit on the public debt. Requires consideration of budget-related legislation before the budget resolution becomes law. Provides expedited procedures for presidential vetoes of joint budget resolutions. Provides for establishment of a reserve fund for emergencies. Requires: (1) biennial (currently, annual) budget resolutions; (2) biennial appropriations Acts; and (3) biennial government strategic and performance plans. Provides spending caps on the growth of entitlements and mandatory budget outlays. Excludes from such limitation until FY2008 direct spending programs and direct spending under part D (relating to the Voluntary Prescription Drug Benefit Program) of title XVIII (Health Insurance for the Aged and Disabled) under the Social Security Act (SSA) or spending under part C of such title (relating to the Medicare+Choice Program) that is attributable to such part D. Exempts benefits payable under title II (Old Age, Survivors and Disability Insurance) of SSA, Tier 1 railroad retirement benefits, and benefits payable under part A of title XVIII (relating to Hospital Insurance Benefits for the Aged and Disabled) of SSA and part C of such title (relating to the Medicare+Choice program) from required reductions under the Balanced Budget and Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), along with specified government accounts and activities. Provides other exceptions, limitations, and special rules with respect to sequestration exemptions. Directs the Chairman of the House and Senate Committees on the Budget each to maintain a Budget Protection Mandatory Account and a Budget Protection Discretionary Account. Amends the Congressional Budget Act of 1974 to require: (1) an analysis of long-term unfunded obligations in the President's budget submission; and (2) long-term unfunded obligation analyses by the Congressional Budget Office (CBO). Makes it out of order to consider legislation, if upon enactment, it would increase the long-term unfunded obligation of the Old Age, Survivors and Disability Insurance (OASDI) as defined in the CBA. Freezes at current levels spending authority for each unearned entitlement and high-cost discretionary spending program unless such spending authority is reauthorized after the enactment of this Act. Establishes the Commission to Eliminate Waste, Fraud, and Abuse. Provides for accrual funding of the: (1) Civil Service Retirement and Disability Fund; (2) Central Intelligence Agency Retirement and Disability System; and (3) Foreign Service Retirement and Disability System. Establishes in the Treasury: (1) the Public Health Service Commissioned Corps Retirement Fund; (2) the National Oceanic and Atmospheric Administration Commissioned Officer Corps Retirement Fund; and (3) the Coast Guard Military Retirement Fund. Changes the name of the Department of Defense Medicare-Eligible Retiree Health Care Fund to Uniformed Services Health Care Fund (thus, providing health care programs for all uniformed service retirees, under certain conditions). (Currently, such programs are for Department of Defense Medicare-eligible beneficiaries.) Decreases the limit on the public debt from $6.4 trillion to $4.393 trillion. Repeals rule XXVII of the House of Representatives (the Gephardt Rule, relating to mandatory adjustment of the statutory limit on the public debt to conform to a budget resolution). Prohibits consideration of extraneous appropriations in omnibus appropriations measures.
United States · United States Congress · 10 May 2005
Breast Cancer and Environmental Research Act of 2005 - Amends the Public Health Service Act to require the Director of the National Institute of Environmental Health Sciences to make grants to public or nonprofit private entities for the development and operation of not more than eight centers to conduct multidisciplinary and multi-institutional research on environmental factors that may be related to the etiology of breast cancer. Requires each such center to: (1) be known as a Breast Cancer and Environmental Research Center of Excellence; (2) establish ongoing collaborations with community organizations; (3) be formed from a consortium of cooperating institutions; (4) be supported under this Act for a period of not more than five years with additional periods allowed after review and recommendation; and (5) use innovative approaches to study unexplored areas of the environment and breast cancer. Requires the Secretary of Health and Human Services to establish a Breast Cancer and Environmental Research Panel to make recommendations for and to review grants awarded under this Act.
United States · United States Congress · 10 May 2005
War Memorial Preservation Act of 2005 - Permits religious symbols recognizing the religious background of members of the U.S. Armed Forces to be included as part of: (1) a military memorial that is established or acquired by the U.S. Government; or (2) a military memorial that is not established by the Government, but for which the American Battle Monuments Commission cooperated in establishing.
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 · 4 May 2005
Thanks John R. Bolton, President George W. Bush's nominee to serve as United States Ambassador to the United Nations, for his long-standing history of confronting corruption at the United Nations (UN). Urges him to continue his hard work and dedication to the implementation of measures that will restore the UN's credibility.
United States · United States Congress · 4 May 2005
Condemns the attacks on U.S. citizens by Palestinian terrorists and demands that the Palestinian Authority (PA) work with Israel to protect all innocent individuals, regardless of citizenship, from terrorist atrocities. Offers condolences to the families of U.S. citizens killed by Palestinian terrorist attacks.
United States · United States Congress · 3 May 2005
Motor Vehicle Owners' Right to Repair Act of 2005 - Requires a manufacturer of a motor vehicle sold or introduced into commerce in the United States to disclose to the vehicle owner or to a repair facility of the motor vehicle owner's choosing the information necessary to diagnose, service, or repair the vehicle. Sets forth protections for trade secrets. Instructs the Federal Trade Commission (FTC) to prescribe a uniform methodology for manufacturer disclosure in writing and on the Internet. Prohibits the FTC from prescribing rules that interfere with the authority of the Administrator of the Environmental Protection Agency (EPA) regarding motor vehicle emissions control diagnostics systems. States that manufacturer noncompliance with this Act constitutes an unfair method of competition and an unfair or deceptive act or practice affecting commerce within the purview of the Federal Trade Commission Act.
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 · 3 May 2005
Railroad Competition Improvement and Reauthorization Act of 2005 - Amends federal transportation law to specify the primary objectives of U.S. rail transportation policy. Requires a rail carrier, upon shipper request, to establish a rate for transportation and provide requested service between any two points on the carrier's system where traffic originates, terminates, or may reasonably be interchanged. Prohibits the Surface Transportation Board (STB) from issuing a certificate authorizing construction and operation of railroad lines, or exempting a person, class of persons, or a transaction or service from the certificate requirement, if such an activity involves a transfer of interest in a line of railroad from a Class I rail carrier to a Class II or III rail carrier, and the activity directly or indirectly would restrict: (1) the ability of the Class II or Class III rail carrier to interchange traffic with other carriers; or (2) competition of rail carriers in the region affected by the activity in a manner that would violate federal antitrust laws. Prescribes a procedure for shipper petition and STB review of any activity alleged to have resulted in a restriction of competition for at least ten years. Changes from discretionary to mandatory the STB's authority to require: (1) a rail carrier's terminal facilities to be used by another rail carrier subject to certain conditions; and (2) rail carriers to enter into reciprocal switching agreements. Prohibits the STB, in either instance, from requiring evidence of anticompetitive conduct by a rail carrier from which such access is sought. Requires the STB to designate any state or substantial part of a state as an area of inadequate rail competition after finding that: (1) it encompasses rail shipping origins and destinations served exclusively by one Class I railroad; and (2) persons that ship by rail or receive rail shipments in it pay rates exceeding a certain mark, or have experienced competitive disadvantage in the marketplace or other economic adversity because of high cost or poor rail service quality. Specifies actions the STB may take to resolve such anti-competitive conditions. Requires submission to arbitration of rail rate disputes. Requires the STB to adopt new methods for determining the reasonableness of rail rates. Establishes within the Department of Transportation (DOT) the Office of Rail Customer Advocacy. Requires the STB, in a proceeding involving the merger or control of at least two Class I railroads, to consider among other things the safety and environmental effect of the proposed transaction on local communities and rail passenger transportation.
United States · United States Congress · 28 April 2005
Business Activity Tax Simplification Act of 2005 - Expands the federal prohibition against state taxation of interstate commerce to: (1) include taxation of out-of-state transactions involving all forms of property, including intangible personal property and services (currently, only sales of tangible personal property are protected); and (2) prohibit state taxation of an out-of-state entity unless such entity has a physical presence in the taxing state. Sets forth criteria for determining that a person has a physical presence in a state.
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 · 28 April 2005
Authorizes the Secretary of Defense, upon request of the Secretary of Homeland Security, to assign members of the Armed Forces to assist: (1) the Bureau of Border Security of the Department of Homeland Security in preventing the entry of terrorists, drug traffickers, and illegal aliens into the United States; and (2) the U.S. Customs Service in the inspection of cargo, vehicles, and aircraft at U.S. points of entry to prevent the entry of weapons of mass destruction and their components, prohibited narcotics or drugs, or other terrorist or drug trafficking items. Requires the Secretary of Homeland Security to certify that such request is necessary to respond to a threat to national security. Requires the Secretaries to establish a training program that must be completed by military personnel serving in such capacity. Requires any member so serving to be accompanied by a civilian law enforcement officer from the agency concerned. Authorizes the Secretary of Homeland Security to establish ongoing joint task forces to respond to threats to national security posed by the entry of terrorists, drug traffickers, or illegal aliens. Directs the Secretary of Homeland Security to notify the governor and local governments of the State involved of the deployment of such members and the types of tasks to be performed. Prohibits any such assignment after September 30, 2007.
United States · United States Congress · 28 April 2005
Saudi Arabia Accountability Act of 2005 - Expresses the sense of Congress that the Government of Saudi Arabia must immediately and unconditionally: (1) cooperate fully with the United States in the investigation of terror groups and individuals; (2) close permanently all organizations in Saudi Arabia that fund, train, encourage, or in any way aid terrorism anywhere in the world; (3) end funding for terror organizations outside Saudi Arabia; and (4) block funding from private Saudi citizens and entities to Saudi-based or offshore terror organizations. Directs the President to prohibit certain exports to Saudi Arabia and restrict travel of certain Saudi diplomats if the President cannot certify to the appropriate congressional committees that the Government of Saudi Arabia: (1) is fully cooperating with the United States in investigating and preventing terrorist attacks; (2) has closed permanently all Saudi-based terror organizations; (3) has ended funding for any offshore terror organization; and (4) has made all efforts to block funding from private Saudi citizens and entities to offshore terror organizations. Allows the President to waive such sanctions for national security reasons.
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 · 26 April 2005
Truth in Employment Act of 2005 - Amends the National Labor Relations Act to provide that nothing in specified prohibitions against unfair labor practices by employers shall be construed as requiring an employer to employ any person who seeks or has sought employment with the employer in furtherance of other employment or agency status.
United States · United States Congress · 26 April 2005
Amends the Endangered Species Act of 1973 (ESA) to prohibit the Secretary (the Secretary of the Interior or the Secretary of Commerce) from designating as critical habitat any habitat located within the high water mark of a water storage reservoir, water diversion structure, canal, or other artificial water delivery facility if such habitat is periodically created and destroyed as the result of water level fluctuations caused by operation of such facility. Requires the Secretary, in determining whether a Federal agency action is likely to result in the destruction or adverse modification of critical habitat, to consider the offsetting effects of habitat conservation measures proposed to be implemented as part of the action including the protection and management of certain alternative habitat. States that the requirement to minimize and mitigate the impact of an incidental taking shall be deemed satisfied if the Secretary finds that proposed minimization and mitigation measures are rationally related to the level of take under the conservation plan. Exempts operators of water storage reservoirs, water diversion structures, canals, or other artificial water delivery facilities from liability under ESA for any take of specified aquatic species that results from predation, competition, or other adverse effects attributable to non-native aquatic species introduced by another person into the river basin where the facility is located.
United States · United States Congress · 21 April 2005
Child Medication Safety Act of 2005 - Requires States, as a condition of receiving funds under any program or activity administered by the Secretary of Education, to develop and implement policies and procedures prohibiting school personnel from requiring a child, as a condition of attending school or receiving services, to obtain a prescription for a controlled substance or a psychotropic drug. Provides that nothing in such requirement shall be construed to create a Federal prohibition against teachers and other school personnel consulting or sharing classroom-based observations with parents or guardians regarding a student's academic performance or behavior in the classroom or school, or regarding the need for evaluation for special education or related services under the Individuals with Disabilities Education Act (IDEA).
United States · United States Congress · 21 April 2005
Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require employers at critical infrastructure sites to participate in the basic pilot (employment eligibility verification) program. Defines such employers as those employing individuals in a location that: (1) is a Federal, State, or local government building, a military base, a nuclear energy site, a weapon site, or an airport; or (2) contains critical infrastructure as determined by the Secretary of Homeland Security. Makes it unlawful for such employers to: (1) authorize an alien employee's access to critical infrastructure after receiving a notification of nonconfirmation from the commissioner of Social Security; or (2) fail to notify any other person or entity that has or may issue documentation authorizing the alien's access of such notification. Authorizes the use of information obtained pursuant to the basic pilot program for enforcement of the Immigration and Nationality Act and the Social Security Act. Allows the Secretary to authorize or require any person or entity responsible for granting access to, protecting, securing, operating, administering, or regulating critical infrastructure to use the basic pilot program for individuals seeking access if doing so will assist in protecting such infrastructure. Establishes enforcement procedures for noncompliance.
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 · 21 April 2005
Recognizes the valuable and significant contributions of Indian Americans to American society. Honors the economic innovation attributable to graduates of the Indian Institutes of Technology. Urges all Americans to recognize the contributions of Indian Americans and have a greater appreciation of the role they have played in helping to advance and enrich American society.
United States · United States Congress · 20 April 2005
Investment in America Act of 2005 - Amends the Internal Revenue Code to: (1) make permanent the tax credit for increasing research activities; (2) increase the rates of the alternative incremental tax credit for research expenses; and (3) permit a taxpayer election of an alternative simplified tax credit for research expenses.
United States · United States Congress · 19 April 2005
Second Chance Act of 2005: Community Safety Through Recidivism Prevention or the Second Chance Act of 2005 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to reauthorize, rewrite, and expand provisions regarding adult and juvenile offender reentry demonstration projects, including by authorizing funds to: (1) provide structured post-release housing and transitional housing; (2) facilitate specified collaboration to promote the employment of people released from prison and jail; (3) carry out programs that support children of incarcerated parents; and (4) establish or expand the use of reentry courts. Sets forth grant priorities and requirements, including that each state, territory, tribe, or local government recipient establish a Reentry Task Force or other authority. Authorizes the Attorney General to make a grant to provide for the establishment of a National Adult and Juvenile Offender Reentry Resource Center. Directs the Attorney General to establish an interagency task force on federal programs regarding offender reentry. Authorizes the National Institute of Justice and the Bureau of Justice Statistics to conduct research on offender reentry. Directs: (1) the Secretary of Health and Human Services to review the role of state child protective services at the time of arrest and establish services for the preservation of families impacted by the incarceration of a family member; and (2) the Secretary of Labor to implement a program to educate employers about one-stop centers, existing incentives for the hiring of former prisoners, and tax credits, and to make grants to nonprofit organizations to provide transitional services. Amends the federal criminal code to direct a court to revoke a term of supervised release or a sentence of probation for a defendant who commits a crime of violence against, or an offense of unlawful sexual contact with, a person who has not attained the age of 16 years.
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
Obligation of Funds Transparency Act of 2005 - Prohibits a Federal agency from obligating funds made available in an appropriation Act to implement an earmark that is included in a congressional report accompanying such Act, unless the earmark is also included in that Act. Amends the Rules of the House of Representatives to prohibit waiver of the germaneness requirement for conference reports by a report by the Committee on Rules, unless approved by a vote of three-fifths of the Members voting, with a quorum being present. Limits debate on such a question to 20 minutes equally divided by a proponent and an opponent. States that the above also applies in the case of a special rule that waives all (or specified) points of order. Prohibits the Committee on Rules from reporting a rule or order waiving the above amendment to the rules.
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
Grants for DNA Backlog Prosecutions Act - Amends the Justice for All Act of 2004 to direct the Attorney General to make grants to train and employ personnel to help prosecute cases cleared through the use of funds provided for DNA backlog elimination.
United States · United States Congress · 12 April 2005
Dietary Supplement and Healthy Meal Replacement Tax Parity Act of 2005 - Amends the Internal Revenue Code to qualify dietary supplements and meal replacement products that are authorized by the Food and Drug Administration (FDA) to make certain health claims as tax deductible medical expenses.
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
Heroes Earned Retirement Opportunities Act - Amends the Internal Revenue Code to include combat zone compensation (otherwise excludable from gross income) as earned income for purposes of calculating the tax deduction for contributions to retirement savings plans.
United States · United States Congress · 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 · 6 April 2005
Recognizes the importance of the men and women who have served or who currently serve in the Armed Forces of the United States. Supports the designation of an appropriate week as Hire a Veteran Week. Encourages the President to issue a proclamation calling upon employers, labor organizations, veterans service organizations, and federal, state, and local governmental agencies to lend their support to increase employment of the men and women who have served in the Armed Forces.
United States · United States Congress · 17 March 2005
Darfur Genocide Accountability Act of 2005 - Expresses the sense of Congress that the atrocities unfolding in Darfur, Sudan, are genocide. Directs the President to: (1) block the property and assets of civil and military officials of the Government of Sudan and their family members implicated in the Darfur atrocities, and property and assets controlled by the National Congress Party; and (2) prohibit an entity engaged in any commercial activity in Sudan from raising capital in the United States, or from trading its securities in any capital market in the United States. Directs the Secretary of State to: (1) prohibit visas for civil and military officials of the Government of Sudan, and militia members and others implicated in the Darfur atrocities; (2) reduce the Sudanese diplomatic mission in Washington, D.C., and restrict or control the remaining staff's movement within the United States; and (3) instruct the U.S. Permanent Representative to the United Nations (UN) to oppose any UN or other international conference from being held in Sudan. Authorizes the President to: (1) use force to stop the Darfur genocide, including establishment of a no-fly zone and use of unmanned armed planes; and (2) deny U.S. port entry to ships doing business in the Sudan oil sector and /or with the Sudan armed forces.
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.
![Official portrait of Rep. Franks, Trent [R-AZ-8]](https://www.congress.gov/img/member/f000448_200.jpg)