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![Official portrait of Rep. Kennedy, Mark R. [R-MN-6]](https://www.congress.gov/img/member/k000358_200.jpg)
United States · Official source
745 records where Rep. Kennedy, Mark R. [R-MN-6] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 6 April 2005
Amends the Internal Revenue Code to extend until January 1, 2011, the tax credit for electricity produced from a qualified wind facility.
United States · United States Congress · 6 April 2005
Family Friendly Employers Act of 2005 - Amends the Internal Revenue Code to expand the tax exclusion for employer-provided educational assistance to include assistance provided to dependents of an employee. Limits the annual amount of the exclusion for such dependents to $2,500.
United States · United States Congress · 6 April 2005
Jessica Lunsford Act - Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to direct that State procedures include a process under which the State mails a nonforwardable verification form at least twice a year to the last known address of the person required to register as a sexually violent offender, to be returned within ten days after receipt, with failure to return the form within the period allowed punishable in the same manner as a failure to register. Requires a State prison officer, the court, or another responsible officer or official, if a person required to register is released from prison or placed on parole, supervised release, or probation, to: (1) notify the agency responsible for supervising the person that such person is required to register; and (2) provide that agency with the registration information relating to that person. Provides that a person required to register who has two or more convictions for failing to register or failing to keep such registration current shall, upon release from imprisonment, be required to wear a location-transmitting device (such as an anklet) at all times for not less than five years (ten years if the person is a sexually violent predator). Requires the State to frequently monitor the information transmitted. Sets forth provisions regarding compliance dates and loss of Federal funding for failure to implement this Act.
United States · United States Congress · 6 April 2005
Boutique Fuels Elimination Act of 2005 - Amends the Clean Air Act (CAA) to authorize the Administrator of the Environmental Protection Agency (EPA) to temporarily waive controls or prohibitions on the use of a fuel or fuel additive regulated under specified provisions of that Act or prescribed in an applicable State Implementation Plan (SIP) if the Administrator determines that: (1) extreme and unusual circumstances exist in a State or region that prevent distribution of an adequate supply of the fuel or fuel additive to consumers; (2) such circumstances are the result of a natural disaster, an Act of God, a pipeline or refinery equipment failure, or another unforeseeable event; and (3) it is in the public interest to grant the waiver. Permits such a waiver only if specified requirements are met. States that the Administrator shall have no authority, when considering a SIP or SIP revision regarding State controls or prohibitions on motor vehicle fuel or fuel additives, to approve any fuel: (1) if doing so would increase the total number of approved fuels as of September 1, 2004, in all SIPs; and (2) unless that fuel was approved and fully implemented in at least one SIP in the applicable Petroleum Administration for Defense District (with the exception of fuels with a specified summertime Reid Vapor Pressure). Requires the Administrator to: (1) determine the total number of fuels approved as of September 1, 2004, in all SIPs; (2) publish a list of such fuels for public review and comment; and (3) remove fuels from such list in specified circumstances (but the total number of authorized fuels shall not be reduced). Expresses the sense of Congress that States should seek to maximize the environmental benefits available from approved fuels. Requires the Administrator and the Secretary of Energy jointly to study and report to Congress on the effects of SIPs adopted pursuant to CAA provisions regarding State controls or prohibitions on motor vehicle fuel or fuel additives.
United States · United States Congress · 6 April 2005
Supports the organizers and participants of the historic meeting of the Assembly to Promote the Civil Society in Cuba in May 2005 in Havana. Urges: (1) the international community to support the Assembly's mission to bring democracy to Cuba; and (2) the Administration and international community to oppose any attempts by the Castro regime to repress Assembly organizers and participants. Shares the Assembly's pro-democracy ideals.
United States · United States Congress · 6 April 2005
Recognizes the 60th anniversary of the Liberation of Western Bohemia during World War II which culminated in an Allied victory that assured the defeat of Nazi Germany and ended the war in Europe two weeks later. Honors those individuals who gave their lives during the Liberation of Western Bohemia. Reaffirms the bonds of friendship between the United States and the citizens of the Czech Republic.
United States · United States Congress · 6 April 2005
Declares that the House of Representatives condemns the tragic violence which occurred at Red Lake High School in Red Lake, Minnesota. Honors: (1) the heroism and memory of Derrick Brun, whose courageous actions and self-sacrifice no doubt saved the lives of others; (2) the heroism, courage, and memory of Daryl Lussier, Michelle Sigana, Neva Rogers, Dewayne Lewis, Chase Lussier, Alicia Spike, Thurlene Stillday, and Chanelle Rosebear, who lost their lives in this terrible tragedy; and (3) the heroism of Ryan Auginash, Steven Cobenais, Lance Crowe, Jeffrey May, and Cody Thunder, all of whom were wounded. Expresses hope for the rapid and complete recovery of these victims as well as support for their families, friends, and loved ones. Offers condolences to all of the families, friends, and loved ones of the victims. Applauds: (1) the Red Lake Band of Chippewa for their strength as a community in dealing with this tragedy; (2) the hard work, dedication, and professional conduct exhibited by local, State, and Federal law enforcement officials and the other community leaders and private citizens who offered their support and assistance; and (3) the hard work and dedication of the health care personnel. Commends them for providing tireless and sensitive care to the victims, the families, and the entire community. Encourages the American people to renew their commitment to and support for efforts to prevent school violence.
United States · United States Congress · 5 April 2005
Services for Ending Long-Term Homelessness Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Administrator of Substance Abuse and Mental Health Services Administration, to design national strategies for providing services in supportive housing that will assist in ending chronic homelessness and to implement programs that address chronic homelessness. Requires the Secretary to make matching grants to eligible entities to provide services that promote recovery and self-sufficiency and that address barriers to housing stability to chronically homeless individuals in, or who are scheduled to become residents of, permanent supportive housing and to other individuals and families who have voluntarily chosen to seek other housing opportunities after a period of tenancy in supportive housing. Directs the Secretary to require grantees to report data regarding the performance outcomes of projects carried out under this Act, which shall include measuring and reporting specific performance outcomes related to the long-term goals of: (1) increasing stability within the community for people who have been chronically homeless; and (2) decreasing recurrence of periods of homelessness.
United States · United States Congress · 5 April 2005
Expresses the sense of the House of Representatives that: (1) a day should be established to bring awareness to the issue of missing persons; and (2) the people of the United States should support efforts to locate missing persons.
United States · United States Congress · 17 March 2005
Fairness in Asbestos Injury Resolution Act of 2005 or FAIR Act of 2005 - Establishes within the Department of Labor the Office of Asbestos Disease Compensation, to be headed by an Administrator responsible for processing claims for compensation for asbestos-related injuries and managing the Asbestos Injury Claims Resolution Fund (Fund) (established within such Office). Authorizes the Administrator to establish a Medical Advisory Committee. Requires the Administrator to: (1) establish an Advisory Committee on Asbestos Disease Compensation; (2) establish a comprehensive asbestos claimant assistance program that includes legal assistance; and (3) appoint physicians to claim-specific Physicians Panels. Establishes: (1) procedures for handling claims of asbestos-related disease and injury; (2) medical evidence auditing and review procedures and applicable medical criteria; and (3) award amounts and payment methods. Imposes a general four-year statute of limitations for filing claims, with special provisions for pending claims and multiple injuries. Allows certain asymptomatic claimants to receive medical monitoring reimbursement. Specifies the funding allocation for asbestos defendants required to pay into the Fund. Establishes the Asbestos Insurers Commission to determine Fund payment obligations of insurers up to a specified aggregate amount. Vests exclusive jurisdiction to review: (1) final determinations regarding fund obligations and actions for declaratory and injunctive relief under this Act in the United States Court of Appeals for the District of Columbia; and (2) award decisions in the U.S. Court of Appeals for the circuit in which the claimant resides. Amends the criminal code to prohibit and establish penalties for fraud and false information in connection with Fund claims. Amends the bankruptcy code to state that Fund contribution obligations are not subject to an automatic stay or dischargeable in bankruptcy. Requires remedies provided by this Act to be the exclusive remedy for asbestos claims. Addresses the effect of this Act on insurance and reinsurance contracts. Requires the sunset of specified provisions of this Act if the Administrator determines that the Fund has insufficient resources. Requires the Administrator to refer possible violations of the Toxic Substances Control Act (TSCA), the Clean Air Act, and the Occupational Safety and Health Act of 1970 to specified officials for possible civil or criminal penalties. Requires the U.S. Sentencing Commission to review Federal sentencing guidelines to ensure that environmental crimes relating to asbestos are sufficiently punished. Prohibits discrimination in health insurance coverage against persons who participate in medical monitoring programs under this Act. Amends the TSCA to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations prohibiting the manufacture, processing, or distribution in commerce of asbestos containing products, subject to specified exemptions.
United States · United States Congress · 17 March 2005
Methamphetamine Abuse Prevention Act of 2005 - Amends the Controlled Substances Act to: (1) reduce the retail sales threshold for the sale of products containing pseudoephedrine or phenylpropanolamine from nine grams to six grams; (2) eliminate the "regulated transaction" exemption for any over-the-counter sale of such products (including blister packs) by retail distributors; (3) grant authority to establish production quotas for pseudoephedrine or phenylpropanolamine; and (4) penalize violators of such quotas. Amends the Controlled Substances Import and Export Act to restrict the importation of ephedrine, pseudoephedrine, or phenylpropanolamine, with an exception. Requires the Director of the Office of National Drug Control Policy to report to Congress regarding the regulation of list I chemicals, including whether some or all of such chemicals should be included in schedule V for controlled substances. Authorizes appropriations for training to State and local prosecutors and law enforcement agents for the investigation and prosecution of methamphetamine offenses. Permits the hiring of personnel and the purchase of equipment to assist in enforcement and prosecution and in the cleanup of methamphetamine-affected areas. Directs the Attorney General to allocate appropriated funds for the hiring and training of special assistant United States attorneys. Amends the Public Health Service Act to provide grants for: (1) the development of drug endangered children rapid response teams to intervene on behalf of children exposed to methamphetamine; (2) methamphetamine abuse treatment, with priority for rural areas; and (3) a methamphetamine research, training, and technical assistance center. Authorizes the Attorney General, acting through the Bureau of Justice Assistance, to award grants to States to establish methamphetamine precursor monitoring programs.
United States · United States Congress · 17 March 2005
Higher Education Affordability and Equity Act of 2005 - Amends the Internal Revenue Code to: (1) repeal the dollar limitation on the tax deduction for interest on education loans and expand eligibility for such deduction by revising the modified adjusted gross income phaseout for such deduction; (2) make the tax deduction for qualified tuition and related expenses permanent; (3) increase from $2,000 to $5,000 the maximum allowable contribution to a Coverdell savings account; (4) exclude from gross income amounts received for qualified higher education expenses (e.g., books, supplies, room, board, and special needs services); and (5) allow certain additional expenses (e.g., fees, books, supplies, and equipment) for purposes of the Hope Scholarship Tax Credit and provide that such tax credit shall not be reduced by Federal Pell Grants and Supplemental Educational Opportunity (SEOG) Grants. Repeals the sunset provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) applicable to title IV, subtitles A, B, and D (Affordable Education Provisions) of such Act. Amends the Higher Education Act of 1965 (HEA) to provide that a qualified education benefit shall not be considered an asset of a student for purposes of a student financial need analysis. Defines "qualified education benefit" as a tax-exempt tuition credits program, a State education prepayment plan, and a Coverdell education savings account.
United States · United States Congress · 17 March 2005
Civil Air Patrol Homeland Security Benefits Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to include as a "public safety officer" for purposes of provisions governing death benefits a volunteer civilian member of the Civil Air Patrol engaged in: (1) active service rendered in performance or support of operational missions of the Patrol under the direction of the Department of the Air Force and performed consistent with written authorization that specifies a finite assignment; or (2) travel to or from such service.
United States · United States Congress · 17 March 2005
Amends the Internal Revenue Code to allow a tax credit for qualified fuel cell property. Limits the amount of such credit to 30 percent (10 percent for other energy property) of the basis of such fuel cell property up to a maximum of $500 for each 0.5 kilowatt of capacity of such property. Defines "qualified fuel cell property" as a fuel cell power plant which generates at least 0.5 kilowatt of electricity using an electrochemical process. Allows a similar tax credit for the installation of qualified fuel cell property in a principal residence. Terminates both tax credits after December 31, 2009.
United States · United States Congress · 17 March 2005
Human Cloning Prohibition Act of 2005 - Amends the Federal criminal code to prohibit any person or entity, in or affecting interstate commerce, from knowingly: (1) performing or attempting to perform human cloning; (2) participating in such an attempt; (3) shipping or receiving an embryo produced by human cloning or any product derived from such embryo; or (4) importing such an embryo or derived product. Sets forth criminal and civil penalties. Provides that nothing in this Act restricts areas of scientific research not specifically prohibited above, including research in the use of nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans.
United States · United States Congress · 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
Voluntary Public Access and Wildlife Habitat Incentive Program Act of 2005 - Amends the Food Security Act of 1985 to direct the Secretary of Agriculture to establish a program under which States and tribal governments may apply for grants to encourage owners and operators of privately-held farm, ranch, and forest land to voluntarily make such land available for public access under State- and tribally-administered plans. Amends the Farm Security and Rural Investment Act of 2002 to exclude from excess base acreage computation for direct and counter-cyclical payment purposes certain conservation enrolled farm land not planted in an agricultural commodity.
United States · United States Congress · 16 March 2005
Prenatally Diagnosed Condition Awareness Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through either the Director of the National Institutes of Health (NIH), the Director of the Centers for Disease Control and Prevention (CDC), or the Administrator of the Health Resources and Services Administration (HRSA), to authorize and oversee certain activities relating to Down syndrome or other prenatally diagnosed conditions, including the awarding of grants, contracts or cooperative agreements to: (1) collect, synthesize, and disseminate current scientific information; and (2) coordinate the provision of, and access to, supportive services for patients affected, which shall include a telephone hotline, an information clearinghouse, peer-support programs, and registries of families willing to adopt children affected by such conditions. Requires the Secretary, acting through the Director of CDC, to provide assistance to State and local heath departments to integrate the results of prenatal testing into State-based vital statistics and birth defects surveillance programs. Requires a health care provider to provide certain information to a patient who receives a positive test result from a prenatal test for such a condition, including: (1) up-to-date scientific information concerning the life expectancy, clinical course, and intellectual and functional development and treatment options for a fetus diagnosed with, or a child born with, such conditions; and (2) referrals to supportive service providers. Requires the Government Accountability Office (GAO) to submit a report to Congress concerning the effectiveness of current health care and family support programs serving as resources for the families of children with disabilities.
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 · 15 March 2005
Amends the Internal Revenue Code to reduce from $18 to $9 (its pre-1991 level) the per-barrel tax on beer.
United States · United States Congress · 14 March 2005
District of Columbia Personal Protection Act - Amends specified law prohibiting the killing of wild birds and wild animals in the District of Columbia to declare that nothing in it or any other provision of law shall authorize or be construed to permit the Council, the Mayor, or any governmental or regulatory authority of the District to prohibit, constructively prohibit, or unduly burden the ability of persons otherwise not prohibited from possessing firearms under Federal law from acquiring, possessing in their homes or businesses, or using for sporting, self-protection or other lawful purposes, any firearm neither prohibited by Federal law nor subject to the National Firearms Act. Denies the District any authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms. Amends the Firearms Control Regulations Act of 1975 to repeal the definition of a machine gun as any firearm which shoots, is designed to shoot, or can be readily converted or restored to shoot semiautomatically, more than 12 shots without manual reloading. (Thus repeals the ban on semiautomatic weapons.) Redefines "machine gun" to include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person. Repeals the District's: (1) registration requirement for possession of firearms; (2) prohibition on possession of handgun restricted pistol bullets; and (3) requirement that, under certain conditions, firearms in the possession of certain individuals must be kept unloaded, disassembled, or with the trigger locked. Repeals the definition of restricted pistol bullet as any bullet designed for use in a pistol which, when fired from a pistol with a barrel of five inches or less in length, is capable of penetrating commercially available body armor with a penetration resistance equal to or greater than that of 18 layers of kevlar. Maintains the current ban on the possession and control of a sawed-off shotgun, machine gun, or short-barreled rifle. Eliminates criminal penalties for possessing an unregistered firearm. Amends Federal law to eliminate criminal penalties for carrying a pistol whether loaded or unloaded in one's dwelling house, place of business, or on land possessed by such person. Amends the District of Columbia Code to extend to firearms generally (currently, only to pistols) the prohibition against carrying such a weapon either openly or concealed within the District without a license issued pursuant to D.C. law. Specifies exceptions to the prohibition against carrying concealed weapons in the District.
United States · United States Congress · 14 March 2005
Requires any amounts appropriated for a Representational Allowance for a Member of the House of Representatives which remain after all payments are made under such Allowance to be deposited in the Treasury and used for deficit reduction or, in fiscal years for which there is no Federal budget deficit, to reduce the Federal debt.
United States · United States Congress · 10 March 2005
Cool and Efficient Buildings Act - Amends the Internal Revenue Code to allow a 20-year depreciation recovery period, calculated on a straight line basis, for heating, ventilation, air conditioning, or commercial refrigeration systems installed in nonresidential buildings.
United States · United States Congress · 10 March 2005
Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal collectively to the Tuskegee Airmen in recognition of their unique military record, which inspired revolutionary reform in the Armed Forces.
United States · United States Congress · 10 March 2005
Public Safety Employer-Employee Cooperation Act of 2005 - Provides collective bargaining rights for public safety officers employed by States or local governments. Directs the Federal Labor Relations Authority (FLRA) to determine whether State law provides specified rights and responsibilities for public safety officers, including: (1) granting public safety employees the right to form and join a labor organization which excludes management and supervisory employees, and which is, or seeks to be, recognized as the exclusive bargaining agent for such employees; and (2) requiring public safety employers to recognize and agree to bargain with the employees' labor organization. Requires the FLRA to issue regulations establishing collective bargaining procedures for public safety employers and employees in States that do not substantially provide for such public safety employee rights and responsibilities. Directs the FLRA, in such cases, to: (1) determine the appropriateness of units for labor organization representation; (2) supervise or conduct elections to determine whether a labor organization has been selected as an exclusive representative by a majority of the employees in an appropriate unit; (3) resolve issues relating to the duty to bargain in good faith; (4) conduct hearings and resolve complaints of unfair labor practices; and (5) resolve exceptions to arbitrator's awards. Grants a public safety employer, employee, or labor organization the right to seek enforcement of such FLRA regulations and authority through appropriate State courts. Prohibits public safety employers, employees, and labor organizations from engaging in lockouts or strikes. Provides that existing collective bargaining units and agreements shall not be invalidated by this Act.
United States · United States Congress · 10 March 2005
Children's Hospitals Education Equity and Research (CHEER) Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to make payments through FY 2010 (currently, through FY 2005) to children's hospitals for expenses associated with operating approved graduate medical residency training programs. Excludes reductions for unused resident positions when calculating the number of full-time residents in a children's hospital's approved training program for purposes of reimbursing direct expenses. Requires the Secretary to adjust the proportion of such a hospital's costs attributable to wages for differences in hospital wage levels by geographic area. Authorizes appropriations through FY 2010 for direct and indirect expenses associated with operating such programs. Requires that funds appropriated for such programs for a fiscal year remain available for obligation through the end of the succeeding fiscal year. Limits the ability to recoup funds unless a demand for recoupment is made by the end of the fiscal year. Sets forth an appeals procedure and limitations on retroactivity for decisions affecting the amount of payments to a hospital for such programs.
United States · United States Congress · 10 March 2005
Amends the Tariff Act of 1930 to apply its countervailing duty provisions to nonmarket economy countries.
United States · United States Congress · 10 March 2005
United States Financial Policy Committee For Fair Capital Standards Act - Establishes the United States Financial Policy Committee as an inter-agency committee composed of: (1) the Secretary of the Treasury, who shall serve as the Chairperson of the Committee; (2) the Chairman of the Board of Governors of the Federal Reserve System; (3) the Comptroller of the Currency; (4) the Chairperson of the Federal Deposit Insurance Corporation; and (5) the Director of the Office of Thrift Supervision. Directs the Committee to develop uniform U.S. positions on proposals made to, and issues before, the Basel Committee on Banking Supervision that, if implemented, may directly or indirectly affect United States financial institutions. Requires the Committee to meet before any meeting of the Basel Committee that is related to, or is expected to involve, a discussion of capital standards. Prohibits a member Federal banking agency from agreeing to any proposed recommendation of the Basel Committee before the agency reports on it to Congress. Requires the Federal member banking agencies to employ prescribed criteria in their evaluation of the impact of any revised Basel capital accord. Amends the International Lending Supervision Act of 1983 to add the Director of the Office of Thrift Supervision as one of the four Federal bank regulatory and supervisory agencies on the Committee on Banking Regulations and Supervisory Practices of the Group of Ten Countries and Switzerland.
United States · United States Congress · 10 March 2005
States that the House of Representatives supports the goals and ideals of Financial Literacy Month.
United States · United States Congress · 9 March 2005
Digital Media Consumers' Rights Act of 2005 - Amends the Federal Trade Commission Act to prohibit: (1) introduction into commerce of prerecorded digital music disc products that are mislabeled, or falsely, or deceptively advertised or invoiced; and (2) removal or mutilation of any label required by either this Act or any rules or regulations prescribed by the Federal Trade Commission before the time a prerecorded digital music disc product is sold and delivered to the ultimate consumer. States that such transactions constitute either an unfair method of competition, or an unfair and deceptive act or practice in commerce. Authorizes the Commission to develop rules and regulations governing such transactions. Amends Federal copyright law to exempt from its prohibitions against circumvention of copyright protection systems any persons acting solely in furtherance of scientific research into technological measures. Declares it is not a violation of copyright law, but fair use, to: (1) circumvent a technological measure in order to obtain access to a work for purposes of making noninfringing use of the work; or (2) manufacture or distribute a hardware or software product capable of substantial noninfringing uses except in instances of direct infringement.
United States · United States Congress · 8 March 2005
Nonprofit Athletic Organization Protection Act of 2005 - Exempts a nonprofit athletic organization from liability for harm caused by an act or omission in the adoption of rules of play for sanctioned or approved athletic competitions or practices if: (1) the organization was acting within the scope of its duties; (2) the organization was properly licensed, certified, or authorized for the competition or practice; and (3) the harm was not caused by the organization's willful or criminal misconduct, gross negligence, or reckless misconduct. Makes exceptions where State law: (1) requires such an organization to adhere to risk management procedures, including mandatory training; (2) makes the organization liable for the acts or omissions of its employees, agents, and volunteers to the same extent as an employer is liable for its employees; and (3) makes a limitation of liability inapplicable if the civil action was brought by an officer of a State or local government. .
United States · United States Congress · 8 March 2005
Lebanon and Syria Liberation Act - States that U.S. sanctions, controls, and regulations relating to Syria shall remain in effect until the President certifies that: (1) Syria has ceased support for terrorism, has dismantled biological, chemical, or nuclear weapons programs and has committed to combat their proliferation, has withdrawn from Lebanon and respects the boundaries and sovereignty of all neighboring countries, and upholds human rights and civil liberties; and (2) sovereignty has been restored to Lebanon. Imposes specified trade, assistance, and military sanctions, as appropriate, on persons or countries that transfer goods or technology so as to contribute to Syria's biological, chemical, nuclear, or advanced conventional weapons programs. Sets forth diplomatic measures intended to achieve such nonproliferation. Directs the President to provide assistance to support a democratic transition in Syria and the restoration of sovereign, democratic rule in Lebanon. Authorizes appropriations.
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 · 7 March 2005
Amends the Internal Revenue Code to exclude from gross income disaster mitigation payments paid pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act or the National Flood Insurance Act.
United States · United States Congress · 7 March 2005
Wireless 411 Privacy Act - Amends the Communications Act of 1934 to prohibit a provider of commercial mobile services, or any affiliate or agent of such provider (provider), from including the wireless telephone number of any current subscriber in any wireless directory assistance service (WDAS) database unless the provider: (1) provides a conspicuous, separate notice to the subscriber of the right not be listed in any WDAS; and (2) obtains express prior listing authorization from such subscriber, and that authorization has not been withdrawn. Allows a provider to include the wireless telephone information of any new subscriber in a WDAS only if the provider provides: (1) a conspicuous, separate notice to the subscriber, at the time of entering into a service agreement and at least once a year thereafter, of the right not to be listed in any WDAS; and (2) the subscriber with convenient mechanisms to decline or refuse to participate in any WDAS. Allows a provider to connect a calling party from a WDAS to a commercial mobile service subscriber only if: (1) the subscriber is provided prior notice of the calling party's identity and is permitted to accept or reject each call; (2) the subscriber's wireless telephone number information is not disclosed to the calling party; and (3) the subscriber is not an unlisted commercial mobile service subscriber. Prohibits a provider from charging a subscriber for the exercise of any rights under this Act.
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
Artists' Contribution to American Heritage Act of 2005 - Amends the Internal Revenue Code to allow taxpayers who create literary, musical, artistic, or scholarly compositions or similar property a fair market value (determined at the time of contribution) tax deduction for contributions of such properties, the copyrights thereon, or both, to certain tax-exempt organizations, if such properties are properly appraised and are donated no sooner than 18 months after their creation. Limits the amount of such deduction based upon the donor's artistic adjusted gross income, as defined by this Act.
United States · United States Congress · 3 March 2005
Good Samaritan Volunteer Firefighter Assistance Act of 2005 - States that a person (including a governmental or other entity) who donates fire control or fire rescue equipment to a volunteer fire company shall not be liable for State or Federal civil damages for personal injuries, property damage or loss, or death caused by the equipment after the donation. Waives such liability protection if: (1) the person's act or omission causing the injury, damage, loss, or death constitutes gross negligence or intentional misconduct; or (2) the person is the manufacturer of such equipment. Preempts State law unless such law provides additional protection from liability.
United States · United States Congress · 3 March 2005
Advance Democratic Values, Address Nondemocratic Countries, and Enhance Democracy Act of 2005 or the ADVANCE Democracy Act of 2005 - States that the promotion of freedom and democracy in foreign countries is a fundamental component of U.S. foreign policy. Amends the State Department Basic Authorities Act of 1956 to establish the position of Under Secretary of State for Global Affairs, who shall have primary responsibility to assist the Secretary of State in implementing policies and activities relating to the transition to, and development of, democracy in nondemocratic countries. Establishes within the Department of State: (1) an Office of Democratic Movements and Transitions; and (2) a position of Deputy Assistant Secretary of State for Democracy, Human Rights, and Labor. Directs the Secretary to establish at least one Regional Democracy Hub in U.S. missions in: (1) the Western Hemisphere; (2) Europe; (3) South Asia; (4) the Near East; (5) East Asia and the Pacific; and (6) Africa. Sets forth provisions respecting strategies and activities to enhance democracy in foreign countries. Establishes a Democracy Promotion and Human Rights Advisory Board. Directs the Secretary to: (1) establish an Internet site for global democracy and human rights; (2) require each chief of mission in each foreign country categorized as nondemocratic to develop a strategy to promote democracy and support individuals and nongovernmental organizations that are committed to democratic principles. Amends the Foreign Service Act of 1980 to include training in democracy and the promotion of democracy and human rights in provisions respecting Foreign Service training, performance pay, promotions, and chief-of-mission appointments. Expresses the sense of Congress with respect to alliances with other democratic countries, including: (1) creation of Democracy Caucuses; (2) strengthening the Community of Democracies; (3) support for the initiative of the Government of Hungary and the governments of other European countries to establish a Democracy Transition Center; and (4) support for regional initiatives. Authorizes the Secretary to make grants to U.S. nongovernmental organizations to assist the Community of Democracies. Provides funding for the Human Rights and Democracy Fund. Sets forth presidential actions with respect to nondemocratic countries. Directs the President to collect information regarding incidents that may constitute crimes against humanity, genocide, slavery, or other violations of international humanitarian law by leaders or other government officials of nondemocratic countries. Amends the the National Security Act of 1947, as amended by the International Religious Freedom Act of 1998, to express the sense of Congress that there should be within the National Security Council (NSC) a Special Assistant to the President on Nondemocratic Countries and Transition to Democracy.
United States · United States Congress · 3 March 2005
RU-486 Suspension and Review Act of 2005 - Deems the approved application for the drug mifepristone (marketed as Mifeprex, commonly known as RU-486, and used for the chemically induced termination of intrauterine pregnancy) to have been withdrawn. Deems the drug misoprostol to be misbranded under the Federal Food, Drug, and Cosmetic Act (FFDCA) if it bears labeling providing that the drug may be used for the medical termination of intrauterine pregnancy. Directs the Comptroller General to review and report on the process by which the Food and Drug Administration (FDA) approved mifepristone. Provides for the reinstatement of the approved application for such drug if the report determines the approval to have been in accordance with FFDCA.
United States · United States Congress · 3 March 2005
Declares the sense of the House of Representatives that if the Government of Japan continues to delay in meeting its obligations under the understanding reached with the United States on October 23, 2004, to resume beef imports from the United States, the U.S. Trade Representative should immediately impose retaliatory economic measures on Japan.
United States · United States Congress · 2 March 2005
Authorizes the President to extend nondiscriminatory treatment (normal trade relations treatment) to the products of the Ukraine.
United States · United States Congress · 2 March 2005
Sportfishing and Boating Equity Act of 2005 - Amends the Internal Revenue Code to require the transfer of all motor fuel excise taxes attributable to motorboat and small engine fuels into the Aquatic Resources Trust Fund.
United States · United States Congress · 1 March 2005
Makes Jose Manuel Guzman-Morales eligible for issuance of an immigrant visa or for adjustment of status to that of a lawful permanent resident of the United States under the Immigration and Nationality Act, upon payment of the required visa fees.
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 · 1 March 2005
Critical Access to Clinical Lab Services Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide that clinical diagnostic laboratory services furnished by a critical access hospital shall be treated as being furnished as part of outpatient critical access services without regard to whether: (1) the individual for whom the services are furnished is physically present in the critical access hospital at the time the specimen is collected; (2) such individual is registered as an outpatient on the records of, and receives such services directly from, the critical access hospital; or (3) payment is available for such services under the fee schedule established for clinical diagnostic laboratory tests.
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
Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act to require Medicare Advantage organizations to provide for a payment rate for critical access hospital services and rural health clinic services at least 101 percent of the payment rate otherwise applicable under the Medicare Program.
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.