United States · United States Congress · 14 April 2005
Colon Cancer Screen for Life Act of 2005 - Expresses the sense of the Congress with respect to the use of and reimbursement for colorectal cancer screening tests covered under the Medicare program under title XVIII of the Social Security Act (SSA). Amends SSA title XVIII to: (1) increase Medicare part B (Supplementary Medical Insurance) reimbursement for colorectal cancer screening and diagnostic tests; (2) cover an outpatient office visit or consultation for the purpose of beneficiary education before a colorectal cancer screening test consisting of a colonoscopy, or in conjunction with the beneficiary's decision to obtain such a screening, regardless of whether the screening is medically indicated with respect to the beneficiary; and (3) waive the deductible for such tests.
United States · United States Congress · 12 April 2005
Christopher Reeve Paralysis Act - Amends the Public Health Service Act to permit the Director of the National Institutes of Health (NIH): (1) acting through the Director of the National Institute of Neurological Disorders and Stroke, to expand and coordinate NIH activities on paralysis research; (2) to award grants to plan, establish, improve, and provide basic operating support for Christopher Reeve Paralysis Research Consortia; (3) to educate and disseminate information and receive public comment on NIH programs and research regarding paralysis; (4) acting through the Director of the National Institute on Child Health and Human Development and the National Center for Rehabilitation Research, to expand and coordinate NIH research with implications for enhancing daily function for persons with paralysis; and (5) to make grants to plan, establish, improve, and provide basic operating support for multicenter clinical trial networks to design clinical rehabilitation intervention protocols and measures of outcomes on paralysis. Permits the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to study the health challenges associated with paralysis and other physical disabilities and carry out projects and interventions to improve the quality of life and long-term health status of individuals with such conditions. Permits the Secretary to award grants for activities related to paralysis, including to: (1) establish paralysis registries; and (2) disseminate information to the public. Allows the Secretary of Veterans Affairs to: (1) establish Paralysis Research, Education and Clinical Care Centers; and (2) award grants to medical centers of the Department of Veterans Affairs (VA) to translate clinical findings and recommendations on paralysis into evidence-based best practices.
United States · United States Congress · 12 April 2005
Toy Gun Marking Improvement Act - Amends the Federal Energy Management Improvement Act of 1988 to exclude from the definition of "look-alike firearm" under imitation firearm marking requirements any toy replica of an antique firearm developed prior to 1898. Prohibits states or local subdivisions from prohibiting the sale or manufacture of toy replicas of such antique firearms.
United States · United States Congress · 5 April 2005
Reduces from age 57 to age 55 the age after which the remarriage of the surviving spouse of a deceased veteran shall not result in termination of dependency and indemnity compensation otherwise payable to that surviving spouse. Prohibits payment of retroactive benefits. Permits eligibility for such benefits by an individual who but for having remarried would be eligible for such benefits by reason such age reduction and whose remarriage was before the date of the enactment of this Act and after the individual had attained age 57 only if the individual submits an application for such benefits within one year of enactment.
United States · United States Congress · 17 March 2005
Firearm Commerce Modernization Act - Amends Federal firearms provisions to permit a licensed importer, manufacturer, dealer, or collector to: (1) sell or deliver a firearm (currently, a rifle or shotgun) to a resident of a State other than a State in which the licensee's place of business is located or temporarily located if the transferee meets in person with the transferor to accomplish the transfer; and (2) conduct business temporarily at any gun show or event sponsored by any national, State, or local organization, or any affiliate devoted to the collection, competitive use, or other sporting use of firearms (currently, only at such a location in the State specified on the person's license). Provides that nothing in the Act shall be construed to diminish the right of a licensee to conduct firearms transfers (currently, "curios or relics" firearms transfers) with another licensee away from the transferor's business premises.
United States · United States Congress · 17 March 2005
Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005 - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance, including through nongovernmental or international organizations, for basic care for orphans and other vulnerable children in developing countries, including assistance for: (1) community-based care; (2) school food programs; (3) education and employment training; (4) psychosocial support; (5) protection of inheritance rights; and (6) HIV/AIDS care. Directs the Secretary of State to appoint a Special Advisor for Assistance to Vulnerable Populations. Directs the President to: (1) establish a system to evaluate such assistance's effectiveness; and (2) develop and submit to the appropriate congressional committees a coordinating strategy for such assistance.
United States · United States Congress · 17 March 2005
Consumer Assurance of Radiologic Excellence Act - Amends title XIX (Medicaid) of the Social Security Act to prohibit certain payments to States for expenditures for medical imaging procedures or radiation therapy procedures, unless the State meets specified requirements for State medical radiation licenses, including minimum licensing standards the Secretary of Health and Human Services shall establish.
United States · United States Congress · 16 March 2005
Child Predator Act of 2005 - Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to: (1) expand the definition of "criminal offense against a victim who is a minor" to include every offense, whether Federal, State, local, tribal, foreign, or otherwise, that involves one or more of specified characteristics (such as kidnapping or sexual conduct), when committed against a minor; and (2) define "child predator" as a person who is convicted of such an offense that is sexual in nature, where the minor is age 13 or younger. Directs that State procedures require a child predator to: (1) report a change of residence within ten days; and (2) notify appropriate entities within that person's community, including schools, public housing, at least two media outlets, and law enforcement. Sets penalties of up to two years' imprisonment, a fine, or both, for violations. Requires the Federal Bureau of Investigation to disclose to the public, on a free-access Internet site, all information collected regarding each child predator, including a recent photograph. Requires the site to: (1) include a feature under which a member of the public can specify an address and be provided with registration information of all such predators within a radius of that address, as well as other searching and sorting capabilities; and (2) display the information in a manner that clearly indicates that the person is a child predator, along with the statutory definition of that term.
United States · United States Congress · 16 March 2005
Protection of Incapacitated Persons Act of 2005 - Amends the Federal judicial code to authorize an incapacitated person (person), or the person's next friend, to remove to the U.S. district court, for the district in which it arose or was heard, within 30 days after available State remedies have been exhausted, any claim or cause of action in which the State court authorizes or directs the withholding or withdrawal of food or fluids or medical treatment necessary to sustain the person's life.
United States · United States Congress · 16 March 2005
Protection of Incapacitated Persons Act of 2005 - Amends the Federal judicial code to authorize an incapacitated person (person), or the person's next friend, to remove to the U.S. district court, for the district in which it arose or was heard, within 30 days after available State remedies have been exhausted, any claim or cause of action in which the State court authorizes or directs the withholding or withdrawal of food or fluids or medical treatment necessary to sustain the person's life. Defines: (1) incapacitated person as a born individual presently incapable of making relevant decisions concerning the provision, withholding, or withdrawal of food, fluids or medical treatment under applicable law; and (2) next friend as an individual who has some significant relationship with the real party in interest, including a parent. Exempts from such removal authority any claim or cause of action in which no party disputes, and the court finds, that the incapacitated person, while having capacity, had executed a written advance directive valid under applicable law that clearly authorized the withholding or withdrawal of food or fluids or medical treatment in the applicable circumstances. Requires the U.S. district court, in hearing and determining such a claim or cause of action removed under this Act, to consider only whether authorizing or directing the withholding or withdrawal of food or fluids or medical treatment necessary to sustain the person's life constitutes a deprivation of any right, privilege, or immunity secured by the Constitution or laws of the United States. Declares that: (1) the court shall determine any such claim or cause of action de novo; and (2) no bar or limitation based on abstention, res judicata, collateral estoppel, procedural default, or any other doctrine of issue or claim preclusion shall apply.
United States · United States Congress · 16 March 2005
Support our Scouts Act of 2005 - Prohibits any Federal law from being construed to limit any Federal agency from providing any form of support for a youth organization (including the Boy Scouts of America or any group officially affiliated with the Boy Scouts of America) that would result in that Federal agency providing less support to that youth organization (or any similar organization chartered under Federal law relating to the Boy Scouts of America) than was provided during each of the preceding four fiscal years. Amends the Housing and Community Development Act of 1974 to prohibit any State or unit of general local government that has a designated open forum, limited public forum, or nonpublic forum and that is a recipient of assistance under the Act from denying equal access or a fair opportunity to meet to, or discriminate against, any youth organization, including the Boy Scouts of America or any group officially affiliated with the Boy Scouts of America, that wishes to conduct a meeting or otherwise participate in that designated open forum, limited public forum, or nonpublic forum.
United States · United States Congress · 16 March 2005
Medicare Patient Access to Physical Therapists Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to authorize qualified physical therapists to provide services for Medicare beneficiaries without the requirement of a physician referral. Provides for treatment of outpatient speech-language pathology services separately from outpatient physical therapy services.
United States · United States Congress · 15 March 2005
Kidney Care Quality and Improvement Act of 2005 - Directs the Secretary of Health and Human Services to: (1) grant full coverage of dialysis access procedures in the ambulatory surgical center setting for individuals with end-stage renal disease (ESRD) who are entitled to benefits under Medicare part A (Hospital Insurance) and enrolled under Medicare part B (Hospital Insurance); and (2) structure the relative value units applicable to physicians' services for vascular access procedures to encourage clinically appropriate placement of natural vascular access for dialysis patients. Directs the Secretary to establish demonstration projects for an outcomes-based ESRD financial incentives reimbursement system to evaluate methods that improve the quality of care provided to Medicare beneficiaries with end-stage renal disease. Sets forth required training for patient care dialysis technicians. Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for the: (1) establishment of annual update framework for the Medicare end stage renal disease composite rate; and (2) extension of Medicare as secondary payer. Directs the Comptroller General to study and report to Congress on the impact of the temporary codes (G-codes) for nephrologists' services applicable under the Medicare fee schedule for physician's services. Requires the Secretary to establish demonstration projects to: (1) increase public awareness about chronic kidney disease; (2) enhance surveillance systems and expand chronic kidney disease research; and (3) enable individuals with ESRD to develop self-management skills. Amends SSA title XVIII to provide for Medicare coverage of kidney disease patient education services. Directs the Secretary to: (1) establish blood flow monitoring demonstration projects; (2) provide for appropriate incentives to improve the Medicare home dialysis benefit; (3) arrange with the Institute of Medicine of the National Academy of Sciences to evaluate the barriers to increasing the number of individuals with ESRD who elect to receive home dialysis services under Medicare; and (4) establish an independent, multidisciplinary, nonpartisan End-Stage Renal Disease Advisory Committee.
United States · United States Congress · 14 March 2005
District of Columbia Personal Protection Act - Amends specified law prohibiting the killing of wild birds and wild animals in the District of Columbia to declare that nothing in it or any other provision of law shall authorize or be construed to permit the Council, the Mayor, or any governmental or regulatory authority of the District to prohibit, constructively prohibit, or unduly burden the ability of persons otherwise not prohibited from possessing firearms under Federal law from acquiring, possessing in their homes or businesses, or using for sporting, self-protection or other lawful purposes, any firearm neither prohibited by Federal law nor subject to the National Firearms Act. Denies the District any authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms. Amends the Firearms Control Regulations Act of 1975 to repeal the definition of a machine gun as any firearm which shoots, is designed to shoot, or can be readily converted or restored to shoot semiautomatically, more than 12 shots without manual reloading. (Thus repeals the ban on semiautomatic weapons.) Redefines "machine gun" to include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person. Repeals the District's: (1) registration requirement for possession of firearms; (2) prohibition on possession of handgun restricted pistol bullets; and (3) requirement that, under certain conditions, firearms in the possession of certain individuals must be kept unloaded, disassembled, or with the trigger locked. Repeals the definition of restricted pistol bullet as any bullet designed for use in a pistol which, when fired from a pistol with a barrel of five inches or less in length, is capable of penetrating commercially available body armor with a penetration resistance equal to or greater than that of 18 layers of kevlar. Maintains the current ban on the possession and control of a sawed-off shotgun, machine gun, or short-barreled rifle. Eliminates criminal penalties for possessing an unregistered firearm. Amends Federal law to eliminate criminal penalties for carrying a pistol whether loaded or unloaded in one's dwelling house, place of business, or on land possessed by such person. Amends the District of Columbia Code to extend to firearms generally (currently, only to pistols) the prohibition against carrying such a weapon either openly or concealed within the District without a license issued pursuant to D.C. law. Specifies exceptions to the prohibition against carrying concealed weapons in the District.
United States · United States Congress · 10 March 2005
Gynecologic Cancer Education and Awareness Act of 2005 or Johanna's Law - Directs the Secretary of Health and Human Services to carry out a national campaign to increase the awareness and knowledge of women with respect to gynecologic cancers, which shall include: (1) maintaining a supply of written materials to provide information to the public on gynecologic cancers; and (2) developing and placing public service announcements to encourage women to discuss their risks of gynecologic cancers with their physicians. Requires the Secretary to award grants to nonprofit private entities to test different outreach and education strategies for increasing such awareness among women and health professionals.
United States · United States Congress · 10 March 2005
Federal Consent Decree Fairness Act - Authorizes State or local governments and related officials sued in their official capacity to file a motion to modify or vacate a consent decree upon the earlier of: (1) four years after the consent decree is originally entered; or (2) in the case of a civil action in which a State is a party or in which a local government is a party and the surrounding State is not a party, the expiration of the term of office of the highest elected State or local government official authorizing the consent decree. Places the burden of proof with respect to such motions on the party originally filing the action to demonstrate that continued enforcement is necessary to uphold a Federal right. Nullifies consent decrees pending a ruling on a motion to modify or vacate if the court fails to rule on such motion within 90 days of filing. Addresses compensation and termination of special masters overseeing consent decrees. Makes this Act applicable to all consent decrees regardless of: (1) the date on which the final order of a consent decree is entered; or (2) whether any relief has been obtained before enactment.
United States · United States Congress · 10 March 2005
Secure Access to Firearms Enhancement (SAFE) Act of 2005 - Amends the Federal criminal code to provide for reciprocity for the carrying of certain concealed firearms in different States by persons who are not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm and who are: (1) carrying a valid State license or permit for carrying a concealed firearm; or (2) otherwise entitled to carry a concealed firearm in their State of residence.
United States · United States Congress · 10 March 2005
Children's Hospitals Education Equity and Research (CHEER) Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to make payments through FY 2010 (currently, through FY 2005) to children's hospitals for expenses associated with operating approved graduate medical residency training programs. Excludes reductions for unused resident positions when calculating the number of full-time residents in a children's hospital's approved training program for purposes of reimbursing direct expenses. Requires the Secretary to adjust the proportion of such a hospital's costs attributable to wages for differences in hospital wage levels by geographic area. Authorizes appropriations through FY 2010 for direct and indirect expenses associated with operating such programs. Requires that funds appropriated for such programs for a fiscal year remain available for obligation through the end of the succeeding fiscal year. Limits the ability to recoup funds unless a demand for recoupment is made by the end of the fiscal year. Sets forth an appeals procedure and limitations on retroactivity for decisions affecting the amount of payments to a hospital for such programs.
United States · United States Congress · 8 March 2005
Incapacitated Persons Legal Protection Act of 2005 - Amends the Federal judicial code to extend habeas corpus protections to persons who are subject to a court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain the person's life. Deems persons having custody in such cases to encompass parties so authorized or directed. States that there shall be no requirement to produce the body of the incapacitated person at the hearing. Exempts from this Act those cases in which the incapacitated person indisputably executed a written advance directive while having capacity that clearly authorized the withholding or withdrawal of food, fluids, or necessary medical treatment. Defines "incapacitated person" to mean an individual presently incapable of making relevant decisions concerning the provision, withholding, or withdrawal of food, fluids, or medical treatment under applicable State law.
United States · United States Congress · 3 March 2005
Constitution Restoration Act of 2005 - Amends the Federal judicial code to prohibit the U.S. Supreme Court and the Federal district courts from exercising jurisdiction over any matter in which relief is sought against an entity of Federal, State, or local government or an officer or agent of such government concerning that entity's, officer's, or agent's acknowledgment of God as the sovereign source of law, liberty, or government. Prohibits a court of the United States from relying upon any law, policy, or other action of a foreign state or international organization in interpreting and applying the Constitution, other than English constitutional and common law up to the time of adoption of the U.S. Constitution. Provides that any Federal court decision relating to an issue removed from Federal jurisdiction by this Act is not binding precedent on State courts. Provides that any Supreme Court justice or Federal court judge who exceeds the jurisdictional limitations of this Act shall be deemed to have committed an offense for which the justice or judge may be removed, and to have violated the standard of good behavior required of Article III judges by the Constitution.
United States · United States Congress · 3 March 2005
National Park Centennial Act - Establishes the National Park Centennial Fund in the Treasury. Amends the Internal Revenue Code to allow individual taxpayers to designate overpayments and contributions for the benefit of the National Park System. Allocates such amounts to the Fund (along with necessary amounts from the General Fund to the extent that such amounts are inadequate in any fiscal year) for expenditure by the Secretary of the Interior. Authorizes appropriations for a public awareness campaign about the Fund and the ability of taxpayers to make tax-related contributions. Requires a specified percentage of Fund deposits to be used: (1) for the elimination of the backlog of unmet needs in the national parks as identified in the Facility Condition Index of the National Park Service (NPS); (2) to protect natural resources within the parks; and (3) to protect cultural resources within the parks. Requires a majority of such percentages to be distributed to those national parks that have completed comprehensive business plans under the Business Plan Initiative of the NPS. Directs the Government Accountability Office annually to submit a report on the National Park System to specified congressional committees. Authorizes the Secretary of Education to provide grants to elementary and secondary schools for cooperative agreements with the NPS providing distance learning and onsite education programs.
United States · United States Congress · 3 March 2005
Fire Sprinkler Incentive Act of 2005 - Amends the Internal Revenue Code to classify automatic fire sprinkler systems as five-year depreciable property. .
United States · United States Congress · 3 March 2005
Declares the sense of the House of Representatives that if the Government of Japan continues to delay in meeting its obligations under the understanding reached with the United States on October 23, 2004, to resume beef imports from the United States, the U.S. Trade Representative should immediately impose retaliatory economic measures on Japan.
United States · United States Congress · 1 March 2005
Amends the Internal Revenue Code to permit: (1) Federal civilian and military retirees to pay Federal Employees Health Benefits Program (FEHBP) and TRICARE supplemental premiums on a pretax basis (i.e., exclude premiums from gross income); and (2) a tax deduction (available to itemizers and nonitemizers) for TRICARE supplemental premiums or enrollment fees. Directs the Director of the Office of Personnel Management (OPM) and the Secretary of Defense to ensure that the option of paying FEHBP and TRICARE supplemental premiums on a pretax basis is available to Federal civilian and military retirees for the first open enrollment period beginning not less than 90 days after the enactment of this Act.
United States · United States Congress · 1 March 2005
Local Emergency Radio Service Preservation Act of 2005 - Directs the Federal Communications Commission (FCC) to revise its regulations to provide that digital audio radio satellite service (DARSS): (1) licensees shall not provide services that are locally differentiated or that result in programming being delivered to consumers in one geographic market that is different from programming delivered in any other geographic market; and (2) repeaters shall be restricted to simultaneously retransmitting the programming transmitted by satellite directly to DARSS subscribers' receivers. Requires the FCC to complete a rulemaking proceeding to determine whether DARSS licensees should be permitted to provide locally oriented services on nationally distributed channels, taking into account, among other things, the ability of such licensees to afford listeners the same emergency and other information as is afforded listeners of local broadcast stations.
United States · United States Congress · 1 March 2005
English Language Unity Act of 2005 - Declares English to be the official language of the United States. Establishes the affirmative obligation of the representatives of the Federal Government to preserve and enhance the role of the English language as the Government's official language. Requires the official functions of the Government to be conducted in English. Requires: (1) a uniform English language testing standard for U.S. naturalization; and (2) all naturalization ceremonies to be conducted in English. Sets forth exceptions to, and rules of construction for, such requirements. Authorizes persons injured by violations of this Act to obtain appropriate relief in civil actions. Declares, as a general rule of construction, that English language requirements and workplace policies, whether in the public or private sector, shall be presumptively consistent with the laws of the United States. Requires the Secretary of Homeland Security to issue for public notice and comment a proposed rule for uniform testing of the English language ability of candidates for naturalization based upon the principles that: (1) all citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the Laws of the United States; and (2) any exceptions to this standard should be limited to extraordinary circumstances, such as asylum.
United States · United States Congress · 17 February 2005
Amends Federal provisions relating to the military Survivor Benefit Plan (SBP) to change from October 1, 2008, to October 1, 2005, the effective date on or after which no reduction may be made in the retired pay of an SBP participant for any month after the later of: (1) the 360th month for which such pay was so reduced; and (2) the month during which the participant attains 70 years of age.
United States · United States Congress · 17 February 2005
Identification Integrity Act of 2005 - Prohibits Federal agencies from accepting for any official purpose an identification document for an individual issued by a foreign government. Creates an exception for foreign passports authorized by Federal law to be accepted for a specific official purpose.
United States · United States Congress · 17 February 2005
Medicare Access to Rehabilitation Services Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to repeal the outpatient therapy cap.
United States · United States Congress · 17 February 2005
Amends the Omnibus Parks and Public Lands Management Act of 1996 to: (1) extend to September 30, 2027, the authorization for making grants or providing assistance with respect to the National Coal Heritage Area, Tennessee Civil War Heritage Area, Augusta Canal National Heritage Area, Steel Industry Heritage Project (the Steel Industry American Heritage Area), Essex National Heritage Area, South Carolina National Heritage Corridor, America's Agricultural Heritage Partnership, Ohio & Erie Canal National Heritage Corridor (redesignated by this Act as the Ohio & Erie National Heritage Canalway), and Hudson River Valley National Heritage Area; and (2) increase the total amount that may be appropriated for such areas (with the exception of the Hudson River Valley National Heritage Area); and (3) increase the amount authorized to be appropriated for such Area. Requires all vacancies in the Ohio & Erie Canal National Heritage Corridor Committee to be filled by the Ohio & Erie Canal Association. Adds Lincoln County, West Virginia, and Paint Creek and Cabin Creek in Kanawha County, West Virginia to the National Coal Heritage Area. Provides for the Secretary to enter into a contractual agreement with the National Coal Heritage Area Authority pursuant to which the Secretary shall assist the Authority in certain activities. Makes resources within Lincoln County and Paint Creek and Cabin Creek also eligible for assistance. Provides for the Authority to submit a Coal Heritage Management Plan. Adds Berkeley County, South Carolina, to the South Carolina National Heritage Corridor.
United States · United States Congress · 17 February 2005
Presidential Sites Improvement Act - Directs the Secretary of the Interior to award grants to owners or operators of Presidential sites for major maintenance and improvement projects. Defines "Presidential site" as a site related to a President of the United States that has national significance, is open to the public, and is owned or operated by a State or private institution, organization, or person. Establishes the Presidential Site Grant Commission to review applications for grants and to make recommendations for the awarding of grants under this Act.
United States · United States Congress · 17 February 2005
Motorsports Fairness and Permanency Act of 2005 - Amends the Internal Revenue Code to make permanent the classification, for depreciation purposes, of any motorsports entertainment complex as seven year property.
United States · United States Congress · 17 February 2005
Death Tax Repeal Permanency Act of 2005 - Declares that the sunset provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, which terminate its application to estates of decedents dying, gifts made, or generation skipping transfers, after December 31, 2010, shall not in fact apply to title V of such Act, which repeals estate and generation-skipping transfer taxes. (Thus makes the repeal of such taxes permanent.)
United States · United States Congress · 17 February 2005
Recognizes the 60th anniversary of the Battle of Iwo Jima. Recognizes and commends the members of the U.S. Marine Corps and other U.S. Armed Forces who participated in such Battle, especially those who gave their lives there.
United States · United States Congress · 15 February 2005
Methamphetamine Remediation Research Act of 2005 - Requires the Assistant Administrator for Research and Development of the Environmental Protection Agency to establish: (1) voluntary guidelines, based on the best currently available scientific knowledge, for the remediation of former methamphetamine laboratories, including guidelines regarding preliminary site assessment and the remediation of residual contaminants; and (2) a program of research to support the development and revision of such guidelines. Directs the Assistant Administrator to: (1) periodically convene a conference of appropriate State agencies, as well as individuals or organizations involved in research and other activities directly related to the environmental or biological impacts of former methamphetamine laboratories; and (2) enter into an arrangement with the National Academy of Sciences for a study of the status and quality of research on the residual effects of methamphetamine laboratories. Requires the Director of the National Institute of Standards and Technology to support a research program to develop: (1) new methamphetamine detection technologies, with an emphasis on field test kits and site detection; and (2) appropriate standard reference materials and validation procedures for methamphetamine detection testing.
United States · United States Congress · 15 February 2005
Protection of Lawful Commerce in Arms Act - Prohibits a qualified civil liability action from being brought in any state or federal court against a manufacturer or seller of a firearm, ammunition, or a component of a firearm that has been shipped or transported in interstate or foreign commerce (or against a trade association of such manufacturers or sellers) for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of a firearm. Requires pending actions to be dismissed. Excludes actions: (1) brought against a person who has been convicted of transferring a firearm knowing that it would be used to commit a crime of violence or a drug trafficking crime, by a party directly harmed by such crime; (2) brought against a seller for negligent entrustment or negligence per se; (3) in which a manufacturer or seller of a firearm knowingly violated a state or federal statute applicable to the sale or marketing of the firearm, if the violation was a proximate cause of the harm for which relief is sought; (4) for breach of contract or warranty in connection with the purchase of the firearm; or (5) for death, physical injuries, or property damage resulting directly from a defect in design or manufacture of the firearm when used as intended or in a reasonably foreseeable manner, except that if the discharge was caused by a volitional act that constituted a criminal offense, such act shall be considered the sole proximate cause of any resulting death, personal injury, or property damage.
United States · United States Congress · 15 February 2005
Military Surviving Spouses Equity Act - Repeals, as of the later of October 1, 2005, or the date of enactment of this Act, certain provisions which require the offset of amounts paid in dependency and indemnity compensation from Survivor Benefit Plan (SBP) annuities for the surviving spouses of former military personnel who are entitled to military pay or who would be entitled to retired pay except for being under 60 years of age. Provides for the recoupment of certain amounts previously paid to SBP recipients in the form of a retired pay refund.
United States · United States Congress · 10 February 2005
Internet Spyware (I-SPY) Prevention Act of 2005 - Amends the federal criminal code to prohibit intentionally accessing a protected computer without authorization, or exceeding authorized access, by causing a computer program or code to be copied onto the protected computer, and intentionally using that program or code: (1) in furtherance of another federal criminal offense; (2) to obtain or transmit personal information (including a Social Security number or other government-issued identification number, a bank or credit card number, or an associated password or access code) with intent to defraud or injure a person or cause damage to a protected computer; or (3) to impair the security protection of that computer. Prohibits any person from bringing a civil action under state law premised upon the defendant's violating this Act. Provides that this Act does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency or a U.S. intelligence agency. Authorizes appropriations to the Attorney General for prosecutions needed to discourage the use of spyware and the practice called phishing. Expresses the sense of Congress that the Department of Justice should vigorously prosecute those who use spyware to commit crimes and those that conduct phishing scams.
United States · United States Congress · 10 February 2005
Amends the Trademark Act of 1946 to provide registered service marks, collective marks, and certification marks with the same protections, rights, and privileges as registered trademarks.
United States · United States Congress · 9 February 2005
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 - Amends Federal bankruptcy law governing: (1) conversion of bankruptcy petitions; (2) abusive creditor practices; (3) domestic support obligations; (4) consumer protections, including protection of personally identifiable information; (5) measures to discourage bankruptcy abuse, including reduction of the homestead exemption for fraud; (6) guidelines for general and small business bankruptcies, including appointment of a committee of retired employees; (7) bankruptcy data dissemination and bankruptcy tax provisions; (8) ancillary and other cross-border cases to incorporate the Model Law on Cross-Border Insolvency; and (9) financial contracts and transfers entered into with an insolvent insured depository institution before its conservatorship or receivership. Reenacts Chapter 12, Adjustment of Debts of a Family Farmer with Regular Annual Income. Brings family fishermen within the purview of Federal bankruptcy protection. Prescribes guidelines for insolvent health care businesses and related patients' rights. Bankruptcy Judgeship Act of 2005 - Amends the Federal Judicial Code to mandate appointments for additional temporary bankruptcy judgeships in designated States. Prescribes additional consumer credit disclosures, including open end credit plans and introductory rates.
United States · United States Congress · 9 February 2005
Citizenship Reform Act of 2005 - Amends the Immigration and Nationality Act to limit automatic citizenship at birth to a child born in the United States who: (1) was born in wedlock to a parent either of whom is a U.S. citizen or national, or is an alien lawfully admitted for permanent residence who maintains such residence; or (2) was born out of wedlock to a mother who is a U.S. citizen or national, or is an alien lawfully admitted for permanent residence who maintains such residence. Defines "born in wedlock" to exclude common law marriages.
United States · United States Congress · 9 February 2005
Agricultural Business Security Tax Credit Act of 2005 - Amends the Internal Revenue Code to allow a retailer of agricultural products or a manufacturer, formulator, or distributor of certain pesticides a business tax credit for up to 50 percent of the cost of protecting certain hazardous chemicals or pesticides from unauthorized access. Sets an annual limit on such credit of $2 million and a per facility limitation of $100,000 (reduced by credits received for the five prior taxable years).
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
Amends Federal transportation law to allow an operator of a property-carrying commercial motor vehicle to operate the vehicle and perform other work-related activities at the end of the 14th hour of the driver's tour of duty, for the period of time the operator has been off duty during the 14-hour period, not to exceed a total of 16 hours.
United States · United States Congress · 8 February 2005
Community Restoration and Revitalization Act of 2005 - Amends the Internal Revenue Code to: (1) allow an increased rehabilitation tax credit for certain low-income buildings; (2) allow a basis reduction adjustment for property eligible for the credit; (3) increase the credit for certain smaller buildings; (4) allow property eligible for the credit to be used for lodging purposes; (5) modify placed-in-service rules for credit property; (6) modify qualification rules for credit property that is tax-exempt use property; and (7) increase the credit for buildings in high cost areas.
United States · United States Congress · 2 February 2005
Free Flow of Information Act of 2005 - Prohibits Federal entities from compelling covered persons (specified media outlets or their employees) to testify or produce any document unless a court determines by clear and convincing evidence that: (1) the entity has unsuccessfully attempted to obtain such testimony or document from all non-covered persons; and (2) in a criminal matter, based on information from a non-covered person, there are reasonable grounds to believe a crime has occurred and the testimony or document is essential to the investigation, prosecution, or defense; or (3) in a non-criminal matter, based on information from a non-covered person, the testimony or document is essential to a dispositive issue of substantial importance. Requires the content of compelled testimony or documents to be: (1) limited to the purpose of verifying published information; and (2) narrowly tailored in subject matter and time period covered. Excludes certain commercial or financial information from coverage under this Act. Prohibits compelled disclosure, notwithstanding this Act's conditions for such disclosure, of: (1) the identity of a confidential source; or (2) information reasonably expected to lead to the discovery of such identity. Makes this Act applicable to testimony or documents sought from third parties that are related to business transactions with covered persons. Authorizes compelled disclosure in such cases only where the covered person has received notice and an opportunity to be heard. States that publication or dissemination of testimony or documents does not waive the requirements for compelled disclosure set forth in this Act.
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
Secure Rural Schools and Community Self-Determination Reauthorization Act of 2005 - Amends the Secure Rural Schools and Community Self-Determination Act of 2000 to extend the Act through FY2013. Revises requirements regarding the merchantable material contracting pilot program. Requires counties participating in county projects to submit a specified notification for each project for which the participating county obligated county funds. Provides for the review of such notifications.
![Official portrait of Rep. Jenkins, William L. [R-TN-1]](https://www.congress.gov/img/member/j000082_200.jpg)