United States · United States Congress · 15 February 2005
Military Surviving Spouses Equity Act - Repeals, as of the later of October 1, 2005, or the date of enactment of this Act, certain provisions which require the offset of amounts paid in dependency and indemnity compensation from Survivor Benefit Plan (SBP) annuities for the surviving spouses of former military personnel who are entitled to military pay or who would be entitled to retired pay except for being under 60 years of age. Provides for the recoupment of certain amounts previously paid to SBP recipients in the form of a retired pay refund.
United States · United States Congress · 15 February 2005
Animal Fighting Prohibition Enforcement Act of 2005 - Amends the Federal criminal code to prohibit: (1) sponsoring or exhibiting a bird in a fighting venture in a State where it would not otherwise be in violation of the law, only if the person knew that any bird in the venture was knowingly bought, sold, delivered, transported, or received in interstate or foreign commerce for such purpose; or (2) knowingly sponsoring or exhibiting in an animal fighting venture any other animal that was moved in interstate or foreign commerce. Prohibits knowingly: (1) selling, buying, transporting, delivering, or receiving, for purposes of transportation in interstate or foreign commerce, any dog or other animal to participate in an animal fighting venture; (2) using interstate mail service for commercial speech promoting an animal fighting venture except as performed outside the limits of the States (with an exception for bird fights in States whose laws allow them); or (3) selling, buying, transporting, or delivering in interstate or foreign commerce a knife, gaff, or other sharp instrument to be attached to the leg of a bird for use in an animal fighting venture. Increases the penalties to a fine and up to two years' imprisonment for violations.
United States · United States Congress · 15 February 2005
Retirement Security for Life Act of 2005 - Amends the Internal Revenue Code to allow an exclusion from gross income for 50 percent of the amount otherwise includible in gross income as guaranteed payments from certain annuity or life insurance contracts. Limits the amount of such exclusion to $20,000 in any taxable year. Provides for an inflation adjustment of the $20,000 limitation beginning in 2007.
United States · United States Congress · 14 February 2005
Great Lakes Restoration Act of 2005 - Establishes the Great Lakes Advisory Board to: (1) develop a biennial comprehensive Great Lakes management plan; (2) coordinate Great Lakes restoration efforts; and (3) implement a public awareness campaign. Establishes a scientific working group to evaluate the scientific integrity of the Great Lakes restoration effort and assist the Board in its decisionmaking. Requires the management plan to be submitted to the President, appropriate congressional committees, the governor of each Great Lakes State, and the Great Lakes mayors. Includes as possible Great Lakes ecosystem goals: (1) the cleanup of toxic hot spots; (2) the elimination of invasive species; (3) decreased pollution from nonpoint sources and the elimination of all forms of toxic deposition; (4) the restoration and conservation of wetlands and critical coastal habitat; (5) the elimination of dead zones caused by hypoxia and harmful algal bloom; (6) the sustainable use and management of Great Lakes water resources; and (7) public participation in Great Lakes restoration. Requires each Great Lakes State to have in effect a State Great Lakes Management Plan, approved by the Administrator of the Environmental Protection Agency and updated every two years, in order to be eligible for assistance apportionments authorized under this Act. Provides apportioned funding to Great Lakes States for restoration activities. Authorizes the Administrator to appoint a special master to direct the remediation of an area of concern.
United States · United States Congress · 10 February 2005
Expanded Access to Financial Services Act of 2005 - Amends the Federal Credit Union Act to authorize a Federal credit union to: (1) sell to persons in the field of membership negotiable checks (including travelers checks and electronic fund transfers), money orders, and similar money transfer instruments; and (2) cash checks and money orders and receive electronic fund transfers for such persons for a fee. (Current law authorizes such services to members only.)
United States · United States Congress · 9 February 2005
Civil War Sesquicentennial Commission Act - Directs the Secretary of the Interior to establish a Civil War Sesquicentennial Commission to plan, develop, and carry out programs and activities appropriate to commemorate the sesquicentennial of the Civil War, and to carry out other specified duties. Directs the National Endowment for the Humanities to award grants for appropriate activities relating to the Civil War sesquicentennial, and to consider for such grants university, museum, or academic programs with national scope that sponsor multidisciplinary projects, including those that concentrate on the role of African Americans in the Civil War.
United States · United States Congress · 9 February 2005
Transportation Equity Act: A Legacy for Users - Reauthorizes the Federal-aid surface transportation program through FY 2009. Reauthorizes appropriations from the Highway Trust Fund (HTF) for: (1) specified highway (including highway safety) programs; (2) research and technology; (3) motor carrier transportation and safety; and (4) transportation research and education. Directs the Secretary of Transportation to establish a National Commission on Future Revenue Sources to Support the HTF. Establishes a National Commission on the Future of the Dwight D. Eisenhower National System of Interstate Defense Highways. Requires States with an urbanized area population of over 200,000 to obligate specified funds for congestion relief. Authorizes the Secretary to make grants to States that have enacted laws that prohibit the use of racial profiling in the enforcement of State laws regulating the use of Federal-aid highways. Federal Public Transportation Act of 2005 - Revises requirements for public transportation funding and the Secretary's authority to make specified grants, including grants for capital projects, planning, and transit and for commercial driver's license program improvements. Directs the Secretary to establish programs involving: (1) long-term bridge performance; (2) innovative highway safety technologies; (3) freight planning capacity building; (4) freight transportation research; (5) future strategic highway research; (6) surface transportation congestion solutions research; and (7) commercial remote sensing products and spatial information technologies. Intelligent Transportation Systems Act of 2005 - Directs the Secretary to conduct an ongoing intelligent system transportation research and development program. Requires: (1) metropolitan planning organizations to develop long-range transportation plans and transportation improvement programs for metropolitan planning areas; and (2) States to develop statewide transportation plans and statewide transportation improvement programs. Revises hazardous materials transportation requirements to provide uniformity in Federal standards regulating the transportation of hazardous materials in intrastate, interstate, and foreign commerce. States that this Act continues the Transportation Equity Act for the 21st Century provisions which guarantee that specified levels of authorized funding will be available for obligation each year by continuing the highway category and the mass transit category budgetary firewalls.
United States · United States Congress · 9 February 2005
Recognizes the Virginia Fire Chief's Association on the occasion of its 75th anniversary and commends it for sponsoring annually the Mid-Atlantic Expo and Symposium.
United States · United States Congress · 8 February 2005
Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation, on behalf of Congress, of a gold medal to the family of Thurgood Marshall (the first African-American Justice to serve on the U.S. Supreme Court) in recognition of Marshall's contributions to the Nation.
United States · United States Congress · 8 February 2005
Notch Fairness Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act with respect to the benefit computation formula for individuals affected by the changes in benefit computation rules enacted in the Social Security Amendments of 1977 who reached age 65 after 1979 and before 1989. Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55 percent to five percent keyed to the year an individual became eligible for such benefits between 1979 and 1989. Provides for an election to receive such payments in a lump sum.
United States · United States Congress · 8 February 2005
Agricultural Bond Improvement Act of 2005 - Amends the Internal Revenue Code to: (1) exempt agricultural bonds from the volume cap applicable to private activity bonds; (2) permit a Federal guarantee of an agricultural bond under the Consolidated Farm and Rural Development Act without a loss of tax exemption; (3) increase the loan limit on agricultural bonds to $450,000 and index such amount for inflation after 2005; and (4) eliminate the dollar limitation in the definition of substantial farmland used for agricultural bonds.
United States · United States Congress · 8 February 2005
Family Farm Preservation Act of 2005 - Amends the Internal Revenue Code to exclude from gross income gain from the sale or exchange of qualified farmland development rights to a tax-exempt conservation organization. Defines "qualified farmland development rights" as a restriction limiting farmland to use as a farm for farming purposes or for exclusively conservation purposes.
United States · United States Congress · 8 February 2005
Fuel Tax Equalization Credit for Substantial Power Takeoff Vehicles Act of 2005 - Amends the Internal Revenue Code to provide a $250 business tax credit for each qualified commercial power takeoff vehicle (certain highway vehicles designed to deliver ready mixed concrete or collect refuse or recyclables) owned by a taxpayer at the end of the year. Stipulates that such credit shall not be available for a vehicle used during the year by a governmental entity or a tax-exempt organization.
United States · United States Congress · 8 February 2005
College Access and Opportunity Act of 2005 - Amends the Higher Education Act of 1965 (HEA) to revise and reauthorize various programs. Revises the definition of institution of higher education to eliminate: (1) a requirement that for-profit institutions of higher education derive at least ten percent of their revenue from funds that do not come from HEA title IV student assistance programs (the 90/10 rule); and (2) a restriction on distance education in terms of relative number of courses an institution may offer by telecommunications, and relative number of students enrolled in such courses, for purposes of student assistance program eligibility (the 50 percent rule). Allows for-profit institutions to compete with traditional institutions in applying for campus-based aid. Revises HEA title IV (Student Assistance) to: (1) require a variable rather than a fixed interest rate for consolidation loans; (2) reduce loan origination fees; (3) increase subsidized loan limits; and (4) modify need analysis requirements. Establishes: (1) Pell Grants Plus grants for State scholar students; (2) policies for institutions' transfer of credits; (3) a college access initiative; (4) an expanded distance education demonstration; and (5) a college affordability demonstration. Cancels student loan indebtedness for families of 9/11 victims. Reauthorizes appropriations for HEA title: (1) II, teacher quality enhancement grants for States and partnerships, grants for preparing teachers to use technology, and new centers of excellence for recruiting and preparing teachers; (2) III, grants for American Indian tribally controlled colleges and universities, Alaska Native and Native Hawaiian-serving institutions, and historically Black colleges and universities; (3) IV student assistance, including Pell grants, TRIO, GEAR UP, supplemental educational opportunity grants, LEAP, HEP/CAMP, Byrd scholarships, child care access, Federal Family Education Loans, work-study, Direct Loans, and Perkins Loans; (3) V, developing institutions grants for Hispanic-serving institutions; (4) VI, international education programs, including international and foreign language studies, business and international education, and the Institute for International Public Policy; and (5) VII, graduate and postsecondary improvement programs, including Jacob K. Javits fellowships, graduate assistance in areas of national need, Thurgood Marshall legal educational opportunity assistance, the Fund for the Improvement of Postsecondary Education, and projects ensuring a quality higher education for students with disabilities (eliminates the Urban Community Service program and certain continuation awards). Reauthorizes appropriations for various programs under the Education of the Deaf Act of 1986, Higher Education Amendments of 1998, Tribally Controlled College or University Assistance Act of 1978, Navajo Community College Act, and Education Amendments of 1992.
United States · United States Congress · 2 February 2005
Voter Confidence and Increased Accessibility Act of 2005 - Amends the Help America Vote Act of 2002 with respect to: (1) voter verification and mandatory paper record audit capacity; and (2) accessibility and voter verification of results for individuals with disabilities. Requires the Election Assistance Commission to study, test, and develop best practices to enhance the accessibility of voter-verification mechanisms for individuals with disabilities and for voters whose primary language is not English, including best practices for the mechanisms themselves and the process through which the mechanisms are used. Outlines additional voting system requirements. Requires laboratories to meet standards prohibiting conflicts of interest as a condition of accreditation for the testing of voting system hardware and software. Provides for the filing of complaints by aggrieved persons with the Attorney General. Extends the authorization of Election Assistance Commission permanently. Makes available additional funding to enable States to meet the costs of the requirements imposed by this Act. Directs the Election Assistance Commission to conduct random, unannounced, hand counts of the voter-verified records for each Federal general election in at least two percent of the precincts in each State. Requires Federal certification of the technological security of voter registration lists.
United States · United States Congress · 2 February 2005
Guard and Reserve Readiness and Retention Act of 2005 - Makes an individual eligible for retired pay for non-regular (reserve) military service if such individual: (1) satisfies one of specified combinations of minimum age (between 53 and 60) and years of service (between 20 and 34); (2) performed the last six years of qualifying service in currently authorized categories of military service, but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve; and (3) is not entitled to any other retirement pay from an armed force or as a member of the Fleet Reserve or Fleet Marine Corps Reserve. Authorizes a member of the Selected Reserve to enroll for self or self and family coverage under the TRICARE program (a Department of Defense managed health care program).
United States · United States Congress · 2 February 2005
Help Efficient, Accessible, Low Cost, Timely Healthcare (HEALTH) Act of 2005 -Sets forth provisions regulating lawsuits for health care liability claims concerning the provision of health care goods or services or any medical product affecting interstate commerce. Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions. Provides that nothing in this Act limits recovery of the full amount of available economic damages. Limits noneconomic damages to $250,000. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a decreasing percentage based on the increasing value of the amount awarded. Prescribes qualifications for expert witnesses. Allows the introduction of collateral source benefits and the amount paid to secure such benefits as evidence. Prohibits a provider of such benefits from recovering any amount from an award in a health care lawsuit involving injury or wrongful death. Authorizes the award of punitive damages only where: (1) it is proven by clear and convincing evidence that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury the claimant was substantially certain to suffer; and (2) compensatory damages are awarded. Limits punitive damages to the greater of two times the amount of economic damages or $250,000. Limits the liability of manufacturers, distributors, suppliers, and providers of medical products that comply with Food and Drug Administration (FDA) standards. Provides for periodic payments of future damage awards.
United States · United States Congress · 2 February 2005
Keep Our Promise to America's Military Retirees Act - Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to provide Federal Employees Health Benefits (FEHB) coverage to the following eligible beneficiaries: (1) a member or former member of the Armed Forces entitled to military retired or retainer pay; (2) an unremarried former spouse who was married to a member for at least 20 years, during which such member performed at least 20 years of retirement-creditable military service; (3) a dependent of a deceased qualifying member or former member; (4) a dependent of a living member or former member; and (5) a family member. Directs the Secretary to reimburse such eligible persons for pharmacy benefits received from a pharmacy that is not a TRICARE (Department of Defense managed health care plan) network pharmacy in the same manner as the Secretary would reimburse such person for such benefits received from a TRICARE network pharmacy. Requires such persons, in order to receive such reimbursement, to submit a certification from their physician stating that the person does not have access to a TRICARE network pharmacy due to physical or medical constraints. Amends title XVIII (Medicare) of the Social Security Act to waive the monthly part B premium (Supplementary Medical Insurance Benefits for the Aged and Disabled) with respect to: (1) an individual who is entitled to military retired or retainer pay based upon service that began before December 7, 1956; and (2) the spouse, widow, or widower of such individuals.
United States · United States Congress · 2 February 2005
Milk Import Tariff Equity Act - Amends the Harmonized Tariff Schedule of the United States to impose tariff-rate quotas (quantitative import limits) and provide various duty rates on certain casein, caseinates, milk protein concentrate, and other casein derivatives and glues imported into the United States (except imports from Mexico). Authorizes the President to: (1) enter into a trade agreement with a foreign country to grant new concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions; and (2) proclaim any necessary modification or continuance of any existing duty, or continuance of existing duty-free or excise treatment, or any quantitative limitation. Sets forth certain limits on the reduction of duties on such products.
United States · United States Congress · 2 February 2005
Small Business Health Fairness Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for establishment and governance of association health plans (AHPs), which are group health plans whose sponsors are trade, industry, professional, chamber of commerce, or similar business associations, and which meet certain ERISA certification requirements. (Thus, through ERISA preemption of State laws, certified AHPs are exempted from State regulation of health insurance providers, including State consumer protection laws and State requirements for health care benefits to be offered by such entities, with certain exceptions.)
United States · United States Congress · 2 February 2005
Arthritis Prevention, Control, and Cure Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services: (1) to develop and implement a National Arthritis Action Plan; and (2) acting through the Director of the Centers for Disease Control and Prevention (CDC), to conduct, support, and promote the coordination of arthritis and other rheumatic diseases research. Requires the Secretary to award grants to: (1) support arthritis-specific research projects at the Centers for Prevention Research by the CDC; (2) support State comprehensive arthritis control and prevention programs and public health surveillance, prevention, and control activities; and (3) assist in the implementation of a national strategy for arthritis control and prevention. Requires the Secretary to coordinate a national education and outreach program on arthritis and other rheumatic diseases. Requires the Secretary to establish an Arthritis and Rheumatic Diseases Interagency Coordinating Committee to: (1) improve coordination of Federal research activities related to arthritis and rheumatic diseases; and (2) convene a summit to provide a detailed overview of such current Federal research. Requires the Director of the National Institutes of Health (NIH) to expand and intensify juvenile arthritis research. Allows the Secretary, acting through the Director of the CDC, to award grants to support juvenile arthritis data collection. Requires the Secretary, acting through the Director of the CDC, to support the development of a National Juvenile Arthritis Patient Registry. Requires the Secretary to promote and support pediatric rheumatology training, including by allowing the Secretary to establish a loan repayment program. Requires the Comptroller General to conduct a study on the economic impact of arthritis in the workplace.
United States · United States Congress · 2 February 2005
Amends the Federal Law Enforcement Pay Reform Act of 1990 to revise the special pay adjustments for (percentage differentials payable to) Federal law enforcement officers in specified consolidated metropolitan statistical areas. Includes Capitol Police as law enforcement officers under such Act. Eliminates the limitation on the aggregate of basic pay and premium pay with respect to availability pay for Federal criminal investigators.
United States · United States Congress · 1 February 2005
Military Personnel Financial Services Protection Act - Amends the Investment Company Act of 1940 to make it unlawful: (1) for any registered investment company to issue any periodic payment plan certificate; or (2) for such company or any depositor or underwriter of such company, or other person, to sell such a certificate. Directs the Securities and Exchange Commission (SEC) to report to specified congressional committees on: (1) any measures taken by a registered broker or dealer voluntarily to refund payments made by military service members on any such certificate; and (2) the sales practices of such brokers or dealers on military installations over the past five years. Amends the Securities Exchange Act of 1934 to require a registered securities association to establish and maintain: (1) a system for collecting and retaining broker/dealer registration information; and (2) a toll-free telephone listing, and a readily accessible process to respond promptly to registration information inquiries. Amends the Investment Advisers Act of 1940 to authorize the SEC to require an investment adviser to file with the SEC certain documentation. Directs the SEC to require such entity to maintain a toll–free telephone listing or other readily accessible process to receive and promptly respond to registration, disciplinary, and other relevant inquiries. Prohibits an insurer or producer from: (1) selling or soliciting, in person, any life insurance product to any member of the Armed Forces on a Federal military installation unless certain written disclosures have been provided before the sale; or (2) contracting with an insurance producer that solicits or sells life insurance on U.S. military installations unless the insurer has implemented a system for reporting any disciplinary actions against the producer to the appropriate State insurance commissioner. Requires the Secretary of Defense to establish a registry of insurance agents and financial advisors that have been barred or banned from doing business on Federal military installations.
United States · United States Congress · 1 February 2005
Amends the Horse Protection Act to prohibit the shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation of horses and other equines to be slaughtered for human consumption. Authorizes the Secretary of Agriculture to detain for examination, testing, or the taking of evidence: (1) any horse at any horse show, horse exhibition, or horse sale or auction which is sore or which the Secretary has probable cause to believe is sore; and (2) any horse or other equine which the Secretary has probable cause to believe is being shipped, transported, moved, delivered, received, possessed, purchased, sold, or donated in violation of such prohibition.
United States · United States Congress · 1 February 2005
Increases the maximum coverage for members under the Servicemembers' Group Life Insurance and Veterans' Group Life Insurance programs from $250,000 to $500,000.
United States · United States Congress · 26 January 2005
Hearing Aid Assistance Tax Credit Act - Amends the Internal Revenue Code to allow a nonrefundable income tax credit of up to $500 for the purchase of a qualified hearing aid for an individual who is either: (1) age 55 or older; or (2) is claimed as a dependent of the taxpayer.
United States · United States Congress · 26 January 2005
Theodore Roosevelt Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than: (1) 500,000 $1 coins with the image of Theodore Roosevelt as a Rough Rider on one side and an eagle design on the other side; and (2) 500,000 $1 coins with the image of Roosevelt on horseback on one side and a flaming sword of righteousness on the other side. Expresses the sense of Congress that the coins should be struck at the U.S. Mint at West Point, New York. Authorizes the Secretary to issue such minted coins beginning on January 1, 2006, and to initiate coin sales before such date. (2006 will mark the 100th anniversary of Roosevelt's award of the Nobel Peace Prize.) Requires payment of $10 surcharges from the coin sales to the Theodore Roosevelt Association, to be used exclusively for educational programs at Sagamore Hill National Historic Site, including a visitor's center.
United States · United States Congress · 25 January 2005
State and Local Law Enforcement Discipline, Accountability, and Due Process Act of 2005 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to set forth the due process rights, including procedures, that shall be afforded a law enforcement officer (officer) who is the subject of an investigation or disciplinary hearing. Declares that an officer shall not be: (1) prohibited from engaging in political activity or be denied the right to refrain from engaging in such activity, except when on duty or acting in an official capacity; and (2) prohibited from being a candidate for an elective office or from serving in such elective office solely because of the officer's status as an officer, with exceptions. Requires that: (1) each agency adopt and thereafter comply with a written complaint procedure that meets specified requirements; and (2) an investigation based on a complaint from outside the agency commence not later than 15 days after receipt of the complaint by the agency employing the officer against whom the complaint has been made, or any other agency charged with investigating such complaint. Directs that any officer who is the subject of an investigation be notified of the investigation 24 hours before the commencement of questioning. Establishes rights of officers before and during questioning, including the right to counsel. Requires questioning to be conducted at reasonable hours. Prohibits an officer from being compelled to submit to the use of a lie detector.
United States · United States Congress · 25 January 2005
Retired Pay Restoration Act of 2005 - Expresses the sense of Congress that military retired pay should not be reduced because a military retiree is also eligible for veterans' disability compensation awarded for a service-connected disability. Allows the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability (currently, only a disability rated at 50 percent or more). Repeals provisions phasing in the full concurrent receipt of such pay through December 31, 2013. Makes eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay those individuals who were retired or separated from military service due to a service-connected disability.
United States · United States Congress · 25 January 2005
Calls for the President to grant a pardon, posthumously, to Jack Johnson, the first African-American professional boxer to hold the title of Heavyweight Champion of the World.
United States · United States Congress · 20 January 2005
Military Death Benefit Improvement Act of 2005 - Increases from $12,000 to $100,000 the death gratuity payable to the survivors of members of the Armed Forces who die: (1) while on active duty or inactive duty training; or (2) within 120 days after discharge or release from such duty or training, if the death resulted from an injury or disease incurred or aggravated during such duty or training.
United States · United States Congress · 6 January 2005
Amends the Safe and Drug-Free Schools and Communities Act to: (1) include bullying and harassment under the definition of violence; and (2) provide for programs to address and prevent bullying and harassment.
United States · United States Congress · 6 January 2005
Solid Waste Interstate Transportation Act of 2005 - Amends the Solid Waste Disposal Act to prohibit a landfill or incinerator (facility) from receiving out-of-State municipal solid waste (MSW) for disposal or incineration unless the waste is received pursuant to a new or existing host community agreement or an exemption from this prohibition (which may be limited by the State). Establishes conditions for exemptions. Authorizes States to establish limits on the amount of out-of-State MSW received annually for disposal at each facility. Sets the limitation amount for any facility that began receiving documented out-of-State waste before enactment of this Act at the amount received during 1993 (or first subsequent year of documentation). Prohibits State limits from conflicting with permits or host community agreements. Authorizes States to require that a permit for a new or expanded facility include an annual limitation of not less than 20 percent on the total quantity of out-of-State MSW relative to the total waste received by the facility. Requires percentage limitations to be uniform and not discriminate against out-of-State MSW according to State of origin. Allows States to limit the amount of out-of-State MSW received annually at each facility to the amount received during 1995 if the State has a comprehensive, statewide recycling program. Prohibits discrimination against shipments of such waste on the basis of State of origin. Authorizes States to require inspectors to be onsite during operation of a facility that receives out-of-State MSW.
United States · United States Congress · 6 January 2005
Iran Freedom Support Act - States that: (1) U.S. sanctions, controls, and regulations relating to weapons of mass destruction with respect to Iran shall remain in effect until the President certifies to the appropriate congressional committees that Iran has permanently and verifiably dismantled its weapons of mass destruction programs and has committed to combating such weapons' proliferation; and (2) such certification shall have no effect on other sanctions relating to Iranian support of international terrorism. Amends the Iran and Libya Sanctions Act of 1996 to: (1) eliminate mandatory sanction provisions respecting Libya; (2) impose mandatory sanctions on a person or entity that aids Iran acquire or develop weapons of mass destruction or destabilizing types and numbers of conventional weapons; (3) revise multilateral regime reporting requirements, including provisions respecting sanctions on individuals aiding Iranian petroleum development; (4) enlarge the scope of sanctionable entities; and (5) eliminate the sunset provision. Authorizes the President to provide financial and political assistance to eligible foreign and domestic individuals and groups that support democracy in Iran and that are opposed to the Government of Iran. Expresses the sense of Congress that: (1) the President should appoint a special assistant on Iranian matters; (2) contacts should be expanded with democratic Iranian opposition groups; and (3) the President should designate at least one such eligible group within 90 days of enactment of this Act.
United States · United States Congress · 4 January 2005
Controlled Substances Export Reform Act of 2005 - Amends the Controlled Substances Import and Export Act to authorize the Attorney General to allow any controlled substance that is in schedule I or II or that is a narcotic drug in schedule III or IV to be exported from the United States to a country (first country) for subsequent export to another country (second country) if: (1) both such countries are parties to the Single Convention on Narcotic Drugs, 1961, and the Convention on Psychotropic Substances, 1971; (2) each of such countries has maintained an adequate system of substance import controls; (3) the substance is consigned to a holder of permits or licenses required under the first country's laws and a permit to import the substance has been issued; (4) substantial evidence that the substance is to be consigned to a permit holder as required under the second country's laws is furnished, a permit to import it is to be issued, the substance is to be applied exclusively to legitimate uses within that country, and it will not be re-exported; (5) within 30 days after export from the first country, the person who exported it from the United States certifies that re-export has occurred; and (6) the Attorney General has issued a permit to export the substance from the United States.
United States · United States Congress · 4 January 2005
NASA and JPL 50th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury, in commemoration of the 50th anniversary of the establishment of the National Aeronautics and Space Administration (NASA) and the Jet Propulsion Laboratory (JPL) to mint and issue: (1) ten dollar gold coins; (2) five dollar gold coins; (3) one dollar silver coins; and (4) half-dollar silver coins emblematic of the 50 years of exemplary and unparalleled achievements of NASA and JPL. Directs each Federal agency and U.S. instrumentality that has in its possession any craft or any part of a craft that flew in space to: (1) retrieve any gold, silver, copper, and other precious metal that may be used in the production of any coins under this Act from such craft or part; and (2) deposit such metals with the Director of the United States Mint. Requires that all sales of coins minted under this Act include a surcharge of : (1) $75 per coin for the ten dollar coin; (2) $35 per coin for the five dollar coin; (3) $10 per coin for the one dollar coin; and (4) $3 for the half-dollar coin, which shall be paid by the Secretary to the NASA Family Assistance Fund for the purposes of providing financial assistance to the families of NASA personnel who die as a result of injuries suffered in the performance of their official duties.
United States · United States Congress · 4 January 2005
Illegal Immigration Enforcement and Social Security Protection Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require inclusion of encrypted machine-readable electronic identification strips on Social Security cards. Requires the Commissioner of Social Security to: (1) develop the strip in a manner that enables employers to access the Employment Eligibility Database (EED) established by this Act; and (2) transmit to the Secretary of Homeland Security necessary information from an individual's application for a Social Security card or number (as determined by the Secretary) for inclusion in the EED. Directs the Secretary to establish and maintain the EED. Requires the EED to include data on the citizenship status and work and residency eligibility of noncitizens authorized to work in the United States. Restricts access to EED information. Prohibits individuals from commencing employment with a U.S. employer absent a Social Security card that meets the requirements of this Act and presentation of such card to the employer. Prohibits employers from hiring individuals absent verification of identity and work authorization. Authorizes the Secretary to: (1) assess penalties against employers who knowingly hire unauthorized workers or fail to comply with verification procedures; and (2) bring civil actions against those who fail to pay assessments or otherwise violate this Act. Establishes criminal penalties for such violations. Mandates integration of Border Patrol and Federal Bureau of Investigation fingerprint databases. States that nothing in this Act shall be construed to establish a national identification card.
United States · United States Congress · 4 January 2005
College Fire Prevention Act - Directs the Secretary of Education to make competitive demonstration grants to private or public colleges or universities, fraternities, or sororities for up to half the cost of installing fire sprinkler systems, or other fire suppression or prevention technologies, in student housing and dormitories owned or controlled by such entities. Requires grant priority to be given eligible entities that demonstrate the greatest financial need. Reserves the following portions of grant funds made available for each fiscal year: (1) at least ten percent for eligible entities that are historically Black colleges and universities, Hispanic-serving institutions, and tribally controlled colleges and universities; and (2) at least ten percent for eligible entities that are social fraternities and sororities. Provides that any application for assistance under this Act, any negative determination on the part of the Secretary with respect to such application, or any statement of reasons for the determination, shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity (except a proceeding to enforce an agreement entered into between the Secretary and an eligible entity under this Act).
United States · United States Congress · 4 January 2005
Social Security Preservation Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to require the Managing Trustee of the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (Social Security trust funds) to ensure that the annual surplus of the Social Security Trust Funds is invested in: (1) marketable interest-bearing obligations of the United States or obligations guaranteed by the United States; or (2) certificates of deposit in insured depository institutions. Prescribes a formula for determining the annual surplus of the Trust Funds. Prohibits disinvestment of Social Security Trust Fund amounts from public debt obligations, any refraining from making such investments, or any delay in making normal deposits in such Trust Funds for public debt limit-related purposes. Authorizes the sale of Social Security Trust Fund public debt obligations, despite the public debt limit, for the payment of cash benefits and administrative expenses.
United States · United States Congress · 4 January 2005
Social Security Fairness Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to repeal: (1) pension offset provisions applicable to husband's and wife's insurance benefits, widow's and widower's insurance benefits, and mother's and father's insurance benefits with respect to OASDI payments; and (2) windfall elimination provisions with respect to computation of the primary insurance amount of an individual.
United States · United States Congress · 4 January 2005
Amends Federal aviation law to prohibit the Administrator of the Federal Aviation Administration, solely by reason of a person's age if the person has not attained his or her Social Security retirement age, from: (1) denying, deferring as to, or failing to renew for any such person an airman or medical certificate for the operation of a commercial aircraft; (2) imposing restrictions or limitations on an airman or medical certificate following initial or periodic competency or medical testing which has the same age discriminatory effect on the person; or (3) requiring an air carrier to terminate the employment of, or not to employ, or to take any other action having the same age discriminatory effect on, such person as a pilot of an aircraft. Declares that such requirements shall not provide the basis for a claim of seniority made under any labor bargaining agreement in effect between the pilots and an air carrier by any pilot seeking re-employment by an air carrier following the pilot's previous termination or cessation of employment.
United States · United States Congress · 4 January 2005
Fallen Law Enforcement Officers and Firefighters Flag Memorial Act of 2005 - Authorizes the family of a law enforcement officer or paid or volunteer firefighter who dies in the line of duty to request, and a Member of Congress to provide, a U.S. flag flown over the Capitol in honor of the officer or firefighter.
United States · United States Congress · 4 January 2005
Stop Counterfeiting in Manufactured Goods Act - Modifies Federal criminal code provisions regarding trafficking in counterfeit goods or services to prohibit trafficking in counterfeit marks. Directs the court: (1) upon a determination by a preponderance of the evidence that any article in a defendant's possession bears or is a counterfeit mark, to order the forfeiture and destruction of such article, regardless of whether the defendant is convicted of an offense; and (2) in imposing sentence, to order a person convicted of, or who pleads guilty or nolo contendre to, a violation to forfeit any property derived from proceeds of, or used in the commission of, the violation. Modifies the definition of "counterfeit mark" to include a spurious mark that is applied to, or consists of, a label, patch or medallion. Provides that nothing in this Act shall entitle the United States to bring a criminal cause of action for the repackaging, without deception, of genuine goods or services.
United States · United States Congress · 4 January 2005
Postal Accountability and Enhancement Act - Amends Federal postal service law to direct the Postal Regulatory Commission (PRC) (established by this Act) to establish a modern system for regulating rates and classes for market-dominant products (all first-class mail, special services, periodicals, standard mail, media mail, library mail, and bound printed matter). Directs the Board of Governors of the U.S. Postal Service to establish rates and classes for products in the competitive category of mail (priority mail, expedited mail, mailgrams, international mail, and parcel post). Authorizes the Postal Service to conduct market tests of experimental products. Directs the PRC to establish rules to ensure that workshare discounts (presorting, barcoding, etc.) do not exceed the cost that the Postal Service avoids as the result of private sector workshare activity. Establishes in the Treasury a revolving Postal Service Competitive Products Fund which shall be available to the Postal Service without fiscal year limitation for the payment of: (1) costs attributable to competitive products; and (2) all other costs incurred by the Postal Service, to the extent allocable to competitive products. Requires the Postal Service to: (1) compute its assumed Federal income tax (which would be the taxable income of a corporation) on competitive products income for such year; and (2) transfer from the Competitive Products Fund to the Postal Service Fund the amount of that assumed tax. Prohibits the Postal Service from: (1) establishing anti-competitive rules or regulations; (2) compelling the disclosure, transfer, or licensing of intellectual property to any third party; or (3) obtaining information from a person that provides any product, and then offering any product or service that uses or is based in whole or in part on such information, without the person's consent. Makes the Secretary of State responsible for foreign policy related to international postal services and other international delivery services. Replaces the Postal Rate Commission with the Postal Regulatory Commission. Directs the Postal Service to report to the President, Congress, and: (1) PRC on universal postal service in the United States; and (2) Postal Service Board of Governors on the postal processing and distribution network. Repeals the authority of the Postal Service to impose fines on air carriers transporting mail beyond U.S. borders for unreasonable or unnecessary delays and other delinquencies. Directs the Postal Service to prescribe regulations for the safe transportation of hazardous materials in the mail. Provides civil penalties, plus cleanup costs, for violations. Revises postal pension funding requirements under the Civil Service Retirement System. Establishes the Postal Service Retiree Health Benefits Fund.
United States · United States Congress · 4 January 2005
Eating Disorders Awareness, Prevention, and Education Act of 2005 - Amends the Elementary and Secondary Education Act of 1965 to authorize the use of innovative assistance funds for programs to: (1) improve identification of students with eating disorders; (2) increase awareness of such disorders among parents and students; and (3) train educators with respect to effective eating disorder prevention and assistance methods. Directs the Secretary of Education to carry out a program to broadcast public service announcements to improve public awareness, and to promote the identification and prevention, of eating disorders. Requires the National Center for Education Statistics and the National Center for Health Statistics to: (1) study the impact eating disorders have on educational advancement and achievement; (2) report on current State and local programs to educate youth on the dangers of eating disorders; and (3) recommend Federal, State, and local measures that could be undertaken.
United States · United States Congress · 4 October 2004
Emergency Agricultural Disaster Assistance Act of 2004 - Directs the Secretary of Agriculture to provide emergency financial assistance to agricultural producers who have incurred qualifying 2003 or 2004 crop losses due to weather or related conditions. Permits producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years. Makes producers ineligible for crop disaster assistance if they did not: (1) get Federal crop insurance for insurable commodities; and (2) file required paperwork and pay related fees for noninsurable commodities. Sets forth waiver provisions. Reduces payments for amounts received under a specified crop loss program announced in 2004. Directs the Secretary to provide payments to livestock producers who have incurred 2003 or 2004 losses in an emergency-designated county, with discretionary set-asides for the American Indian livestock program. Permits producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years. Directs the Secretary to provide assistance under the tree assistance program to tree farmers who have suffered losses during the 2003-2004 winter.
United States · United States Congress · 22 July 2004
Women's Pelvic Floor Health Education and Awareness Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration and the Director of the Centers for Disease Control and Prevention, to educate health professionals and the public on bladder and bowel dysfunction (including incontinence), pelvic organ prolapse, and other pelvic floor disorders. Expresses the sense of Congress that the Director should establish a national registry for surgical treatment of such disorders. Requires the Directors of the National Institute of Diabetes and Digestive and Kidney Diseases and the National Institute of Child Health and Human Development to: (1) expand and intensify the activities of such Institutes with respect to women's pelvic floor disorders, including developing proposals for research on such disorders; and (2) provide for the continuing operation of the Urinary Incontinence Treatment Network and the Clinical Trials Network for Female Pelvic Disorders. Commends such Institutes for their support of such Networks and such Networks for their research toward improving women's pelvic health. Expresses the sense of Congress as to efforts that such Institutes should undertake, including increasing their research, recruiting established scientists, and developing a national data registry and tissue bank of people suffering from incontinence.
United States · United States Congress · 22 July 2004
Municipal Solid Waste Responsibility Act of 2004 - Amends the Solid Waste Disposal Act to prohibit a landfill or incinerator (facility) from receiving out-of-State municipal solid waste unless the owner or operator of the facility obtains explicit authorization from the affected local government. Directs affected local governments, prior to taking formal action on a request for such authorization, to: (1) notify the Governor, contiguous local governments, and any contiguous Indian tribes; and (2) provide public notice and an opportunity for comment. Creates exceptions to the authorization requirement for owners or operators who held certain authorizations prior to enactment of this Act, where the facility received shipments of out-of-State municipal solid waste during 1993, or where the waste was generated within the bi-State metropolitan statistical area in which the facility is located. Authorizes States to: (1) limit the amount of out-of-State municipal solid waste received annually by facilities; (2) impose cost recovery surcharges on the combustion or disposal of such waste; and (3) enact laws imposing limitations on the receipt and disposal of foreign municipal solid waste. Prohibits persons from importing, transporting, or exporting municipal solid waste for final disposal or incineration in violation of the Agreement Between the Government of the United States of America and the Government of Canada Concerning the Transboundary Movement of Hazardous Waste. Requires the Administrator of the Environmental Protection Agency to conduct studies and develop recommendations concerning the benefits of alternatives to open field disposal of agricultural solid wastes (including biomass).
![Official portrait of Rep. Gerlach, Jim [R-PA-6]](https://www.congress.gov/img/member/113_rp_pa_6_gerlach_jim_200.jpg)