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
Mailing Support to Troops Act of 2005 - Authorizes free mailing privileges for mail matter sent by a family member from within an area served by a U.S. post office to members of the Armed Forces on active duty in Iraq or Afghanistan, or hospitalized at an Armed Forces facility as a result of such service.
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
Secret Ballot Protection Act of 2005 - Amends the National Labor Relations Act to make it an unfair labor practice for: (1) an employer to recognize or bargain collectively with a labor organization that has not been selected by a majority of the employees in a secret ballot election conducted by the National Labor Relations Board; and (2) a labor organization to cause or attempt to cause an employer to recognize or bargain collectively with a representative that has not been selected in such manner.
United States · United States Congress · 17 February 2005
Bipartisan Commission on Medicaid Act of 2005 - Establishes the Bipartisan Commission on Medicaid to review: (1) each of Medicaid's major functional responsibilities; (2) issues that either threaten or improve the long-term financial condition of Medicaid; (3) Federal and State policies for Medicaid and Medicare enrollment (including enrollment sites), income eligibility, outreach, and documentation; (4) the operation and effectiveness of Medicaid premium assistance programs; and (5) Medicaid payment policies.
United States · United States Congress · 17 February 2005
Amends the Internal Revenue Code to make permanent the 15-year recovery period for purposes of the tax deduction for depreciation of qualified restaurant property. Revises the term "qualified restaurant property" to include existing buildings as well as improvements to buildings.
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 · 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 · 15 February 2005
Animal Fighting Prohibition Enforcement Act of 2005 - Amends the Federal criminal code to prohibit: (1) sponsoring or exhibiting a bird in a fighting venture in a State where it would not otherwise be in violation of the law, only if the person knew that any bird in the venture was knowingly bought, sold, delivered, transported, or received in interstate or foreign commerce for such purpose; or (2) knowingly sponsoring or exhibiting in an animal fighting venture any other animal that was moved in interstate or foreign commerce. Prohibits knowingly: (1) selling, buying, transporting, delivering, or receiving, for purposes of transportation in interstate or foreign commerce, any dog or other animal to participate in an animal fighting venture; (2) using interstate mail service for commercial speech promoting an animal fighting venture except as performed outside the limits of the States (with an exception for bird fights in States whose laws allow them); or (3) selling, buying, transporting, or delivering in interstate or foreign commerce a knife, gaff, or other sharp instrument to be attached to the leg of a bird for use in an animal fighting venture. Increases the penalties to a fine and up to two years' imprisonment for violations.
United States · United States Congress · 10 February 2005
Establishes the Interagency Aerospace Revitalization Task Force to develop a strategy for the federal government for aerospace workforce development. Directs the Task Force to develop: (1) cooperation among federal agencies to provide a skilled workforce; (2) integrated federal policies to promote and monitor public and private sector education and training programs for science, engineering, technology, mathematics, and skilled trades; and (3) partnerships with industry, organized labor, academia, and state and local governments to provide occupational information and to coordinate workforce education, training, and certification resources.
United States · United States Congress · 10 February 2005
Occupational Safety and Health Independent Review of OSHA Citations Act of 2005 - Amends the Occupational Safety and Health Act of 1970 (OSH Act) to revise judicial review provisions to require deference to be given to reasonable conclusions of the Occupational Safety and Health Review Commission (OSHRC), with respect to all questions of law that are subject to agency deference under governing court precedent relating to citations issued by the Occupational Safety and Health Administration (OSHA) against businesses for violations of the OSH Act.
United States · United States Congress · 10 February 2005
Occupational Safety and Health Small Business Day in Court Act of 2005 - Amends the Occupational Safety and Health Act of 1970 to revise a requirement that, if an employer fails to file a notice of contest within 15 working days following the issuance of a citation or proposed assessment of a penalty, the citation or assessment becomes a final order not subject to review. Provides for an exception if such failure results from mistake, inadvertence, surprise, or excusable neglect.
United States · United States Congress · 10 February 2005
Occupational Safety and Health Review Commission Efficiency Act of 2005 - Amends the Occupational Safety and Health Act of 1970 to increase the membership of the Occupational Safety and Health Review Commission (OSHRC) from three to five. Includes an individual's legal training among possible qualifications for OSHRC membership. Authorizes the President to extend for up to 365 days the term of an OSHRC member until a nominated successor is confirmed to serve by the Senate.
United States · United States Congress · 10 February 2005
Occupational Safety and Health Small Employer Access to Justice Act of 2005 - Amends the Occupational Safety and Health Act of 1970 (OSH Act) to provide for the award of attorney's fees and costs to certain small employers when they prevail in specified administrative or court proceedings. Requires such awards to prevailing employers if they had not more than 100 employees and a net worth of not more than $7 million at the time of: (1) the initiation of the administrative proceedings (in the case of an adversary adjudication); or (2) the filing of the action addressed in the court proceedings (in the case of judicial review of an administrative action). Provides for such awards without regard to whether the position of the Secretary of Labor or the Federal Government was substantially justified or whether special circumstances make an award unjust.
United States · United States Congress · 10 February 2005
Honors the flight crew members lost during the terrorist attacks against the United States on September 11, 2001. Expresses the sense of Congress that an appropriate memorial should be established to honor their memory.
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
First Amendment Restoration Act - Amends the Federal Election Campaign Act of 1971 to repeal: (1) a requirement that persons making disbursements for electioneering communications file reports on such disbursements with the Federal Election Commission; (2) a prohibition against the making of disbursements for electioneering communications by corporations and labor organizations; and (3) a provision treating coordinated communications as contributions.
United States · United States Congress · 9 February 2005
Transportation Equity Act: A Legacy for Users - Reauthorizes the Federal-aid surface transportation program through FY 2009. Reauthorizes appropriations from the Highway Trust Fund (HTF) for: (1) specified highway (including highway safety) programs; (2) research and technology; (3) motor carrier transportation and safety; and (4) transportation research and education. Directs the Secretary of Transportation to establish a National Commission on Future Revenue Sources to Support the HTF. Establishes a National Commission on the Future of the Dwight D. Eisenhower National System of Interstate Defense Highways. Requires States with an urbanized area population of over 200,000 to obligate specified funds for congestion relief. Authorizes the Secretary to make grants to States that have enacted laws that prohibit the use of racial profiling in the enforcement of State laws regulating the use of Federal-aid highways. Federal Public Transportation Act of 2005 - Revises requirements for public transportation funding and the Secretary's authority to make specified grants, including grants for capital projects, planning, and transit and for commercial driver's license program improvements. Directs the Secretary to establish programs involving: (1) long-term bridge performance; (2) innovative highway safety technologies; (3) freight planning capacity building; (4) freight transportation research; (5) future strategic highway research; (6) surface transportation congestion solutions research; and (7) commercial remote sensing products and spatial information technologies. Intelligent Transportation Systems Act of 2005 - Directs the Secretary to conduct an ongoing intelligent system transportation research and development program. Requires: (1) metropolitan planning organizations to develop long-range transportation plans and transportation improvement programs for metropolitan planning areas; and (2) States to develop statewide transportation plans and statewide transportation improvement programs. Revises hazardous materials transportation requirements to provide uniformity in Federal standards regulating the transportation of hazardous materials in intrastate, interstate, and foreign commerce. States that this Act continues the Transportation Equity Act for the 21st Century provisions which guarantee that specified levels of authorized funding will be available for obligation each year by continuing the highway category and the mass transit category budgetary firewalls.
United States · United States Congress · 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 · 2 February 2005
Help Efficient, Accessible, Low Cost, Timely Healthcare (HEALTH) Act of 2005 -Sets forth provisions regulating lawsuits for health care liability claims concerning the provision of health care goods or services or any medical product affecting interstate commerce. Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions. Provides that nothing in this Act limits recovery of the full amount of available economic damages. Limits noneconomic damages to $250,000. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a decreasing percentage based on the increasing value of the amount awarded. Prescribes qualifications for expert witnesses. Allows the introduction of collateral source benefits and the amount paid to secure such benefits as evidence. Prohibits a provider of such benefits from recovering any amount from an award in a health care lawsuit involving injury or wrongful death. Authorizes the award of punitive damages only where: (1) it is proven by clear and convincing evidence that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury the claimant was substantially certain to suffer; and (2) compensatory damages are awarded. Limits punitive damages to the greater of two times the amount of economic damages or $250,000. Limits the liability of manufacturers, distributors, suppliers, and providers of medical products that comply with Food and Drug Administration (FDA) standards. Provides for periodic payments of future damage awards.
United States · United States Congress · 2 February 2005
Keep Our Promise to America's Military Retirees Act - Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to provide Federal Employees Health Benefits (FEHB) coverage to the following eligible beneficiaries: (1) a member or former member of the Armed Forces entitled to military retired or retainer pay; (2) an unremarried former spouse who was married to a member for at least 20 years, during which such member performed at least 20 years of retirement-creditable military service; (3) a dependent of a deceased qualifying member or former member; (4) a dependent of a living member or former member; and (5) a family member. Directs the Secretary to reimburse such eligible persons for pharmacy benefits received from a pharmacy that is not a TRICARE (Department of Defense managed health care plan) network pharmacy in the same manner as the Secretary would reimburse such person for such benefits received from a TRICARE network pharmacy. Requires such persons, in order to receive such reimbursement, to submit a certification from their physician stating that the person does not have access to a TRICARE network pharmacy due to physical or medical constraints. Amends title XVIII (Medicare) of the Social Security Act to waive the monthly part B premium (Supplementary Medical Insurance Benefits for the Aged and Disabled) with respect to: (1) an individual who is entitled to military retired or retainer pay based upon service that began before December 7, 1956; and (2) the spouse, widow, or widower of such individuals.
United States · United States Congress · 2 February 2005
Small Business Health Fairness Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for establishment and governance of association health plans (AHPs), which are group health plans whose sponsors are trade, industry, professional, chamber of commerce, or similar business associations, and which meet certain ERISA certification requirements. (Thus, through ERISA preemption of State laws, certified AHPs are exempted from State regulation of health insurance providers, including State consumer protection laws and State requirements for health care benefits to be offered by such entities, with certain exceptions.)
United States · United States Congress · 2 February 2005
Right to Life Act - Declares that the right to life guaranteed by the Constitution is vested in each human being. Defines "human being" (and "human person") to encompass all stages of life, including but not limited to the moment of fertilization or cloning.
United States · United States Congress · 2 February 2005
Permanent Sales Tax Deduction Act of 2005 - Amends the Internal Revenue Code to make provisions authorizing a taxpayer election to deduct State and local sales taxes in lieu of State and local income taxes permanent.
United States · United States Congress · 1 February 2005
National Right-to-Work Act - Amends the National Labor Relations Act and the Railway Labor Act to repeal those provisions that permit employers, pursuant to a collective bargaining agreement that is a union security agreement, to require employees to join a union as a condition of employment (including provisions permitting railroad carriers to require, pursuant to such an agreement, payroll deduction of union dues or fees as a condition of employment).
United States · United States Congress · 1 February 2005
Calls for the Citizens' Stamp Advisory Committee to recommend, and the United States Postal Service to issue, a commemorative postage stamp to promote public awareness of Down syndrome.
United States · United States Congress · 26 January 2005
REAL ID Act of 2005 - Amends Immigration and Nationality Act provisions concerning asylum to: (1) authorize the Secretary of Homeland Security, in addition to the Attorney General, to grant asylum; (2) require asylum applicants to prove that race, religion, nationality, membership in a particular social group, or political opinion was or will be (if removed) the central reason for their persecution; and (3) provide that an applicant's testimony may be sufficient to sustain this burden of proof only if the trier of fact determines that it is credible, persuasive, and fact-specific. Gives the trier of fact discretion to require corroborating evidence. Lists factors relevant to credibility determinations in asylum cases. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to authorize the Secretary of Homeland Security to waive laws as necessary to ensure expeditious construction of certain barriers and roads at the U.S. border. Expands grounds of inadmissibility and deportability due to terrorist or terrorist-related activity. Modifies the provision defining "engage in terrorist activity" to eliminate the possibility of discretionary waivers of inadmissibility for material support of organizations or individuals that have engaged in terrorist activity. Expands the definition of "terrorist organization." Prohibits Federal agencies from accepting State issued driver's licenses or identification cards unless such documents are determined by the Secretary to meet minimum security requirements. Sets forth issuance standards for such documents that require: (1) evidence that the applicant is lawfully present in the United States; and (2) issuance of temporary driver's licenses or identification cards to persons temporarily present that are valid only for their period of authorized stay (or for one year where the period of stay is indefinite). Authorizes the Secretary to impose additional requirements. Requires States, as a condition of receiving financial assistance, to participate in the interstate compact regarding the sharing of driver's license data. Authorizes the Secretary to make grants to States to assist them in conforming to the document standards of this Act. Repeals overlapping provisions of the Intelligence Reform and Terrorism Prevention Act of 2004.
United States · United States Congress · 26 January 2005
Disaster Prevention Protection Act of 2005 - Amends the Internal Revenue Code to exclude from gross income certain 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 · 25 January 2005
Unborn Child Pain Awareness Act of 2005 - Amends the Public Health Service Act to require an abortion provider, before beginning any abortion of a pain-capable unborn child (defined as an unborn child who has reached a probable stage of development of 20 weeks after fertilization), to: (1) make a specified statement to the pregnant woman that Congress has determined that there is substantial evidence that the process will cause the unborn child pain, and that the mother has the option of having pain-reducing drugs administered directly to the child; (2) provide to the woman an Unborn Child Pain Awareness Brochure (unless she waives receipt) or information on accessing such brochure on the Internet; (3) provide to the woman an Unborn Child Pain Awareness Decision Form; and (4) obtain on the form the woman's signature and her explicit request for or refusal of the administration of drugs to the child. Creates an exception for certified medical emergencies. Establishes penalties for willfully failing to comply with this Act, including civil penalties, medical license suspension, or both. Authorizes: (1) specified officials to bring suit in Federal court; and (2) private rights of action by a parent or guardian of a woman who is an unemancipated minor. Requires each State and State medical licensing authority to promulgate procedures for the revocation or suspension of a provider's license upon a court finding that the provider has violated this Act. Subjects a State that fails to implement such procedures to loss of Medicaid funding.
United States · United States Congress · 6 January 2005
Iran Freedom Support Act - States that: (1) U.S. sanctions, controls, and regulations relating to weapons of mass destruction with respect to Iran shall remain in effect until the President certifies to the appropriate congressional committees that Iran has permanently and verifiably dismantled its weapons of mass destruction programs and has committed to combating such weapons' proliferation; and (2) such certification shall have no effect on other sanctions relating to Iranian support of international terrorism. Amends the Iran and Libya Sanctions Act of 1996 to: (1) eliminate mandatory sanction provisions respecting Libya; (2) impose mandatory sanctions on a person or entity that aids Iran acquire or develop weapons of mass destruction or destabilizing types and numbers of conventional weapons; (3) revise multilateral regime reporting requirements, including provisions respecting sanctions on individuals aiding Iranian petroleum development; (4) enlarge the scope of sanctionable entities; and (5) eliminate the sunset provision. Authorizes the President to provide financial and political assistance to eligible foreign and domestic individuals and groups that support democracy in Iran and that are opposed to the Government of Iran. Expresses the sense of Congress that: (1) the President should appoint a special assistant on Iranian matters; (2) contacts should be expanded with democratic Iranian opposition groups; and (3) the President should designate at least one such eligible group within 90 days of enactment of this Act.
United States · United States Congress · 4 January 2005
NASA and JPL 50th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury, in commemoration of the 50th anniversary of the establishment of the National Aeronautics and Space Administration (NASA) and the Jet Propulsion Laboratory (JPL) to mint and issue: (1) ten dollar gold coins; (2) five dollar gold coins; (3) one dollar silver coins; and (4) half-dollar silver coins emblematic of the 50 years of exemplary and unparalleled achievements of NASA and JPL. Directs each Federal agency and U.S. instrumentality that has in its possession any craft or any part of a craft that flew in space to: (1) retrieve any gold, silver, copper, and other precious metal that may be used in the production of any coins under this Act from such craft or part; and (2) deposit such metals with the Director of the United States Mint. Requires that all sales of coins minted under this Act include a surcharge of : (1) $75 per coin for the ten dollar coin; (2) $35 per coin for the five dollar coin; (3) $10 per coin for the one dollar coin; and (4) $3 for the half-dollar coin, which shall be paid by the Secretary to the NASA Family Assistance Fund for the purposes of providing financial assistance to the families of NASA personnel who die as a result of injuries suffered in the performance of their official duties.
United States · United States Congress · 4 January 2005
Illegal Immigration Enforcement and Social Security Protection Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to require inclusion of encrypted machine-readable electronic identification strips on Social Security cards. Requires the Commissioner of Social Security to: (1) develop the strip in a manner that enables employers to access the Employment Eligibility Database (EED) established by this Act; and (2) transmit to the Secretary of Homeland Security necessary information from an individual's application for a Social Security card or number (as determined by the Secretary) for inclusion in the EED. Directs the Secretary to establish and maintain the EED. Requires the EED to include data on the citizenship status and work and residency eligibility of noncitizens authorized to work in the United States. Restricts access to EED information. Prohibits individuals from commencing employment with a U.S. employer absent a Social Security card that meets the requirements of this Act and presentation of such card to the employer. Prohibits employers from hiring individuals absent verification of identity and work authorization. Authorizes the Secretary to: (1) assess penalties against employers who knowingly hire unauthorized workers or fail to comply with verification procedures; and (2) bring civil actions against those who fail to pay assessments or otherwise violate this Act. Establishes criminal penalties for such violations. Mandates integration of Border Patrol and Federal Bureau of Investigation fingerprint databases. States that nothing in this Act shall be construed to establish a national identification card.
United States · United States Congress · 4 January 2005
Community Choice in Real Estate Act - Amends the Bank Holding Company Act of 1956, and the Revised Statutes of the United States, to prohibit the Board of Governors of the Federal Reserve System and the Secretary of the Treasury, respectively, from determining that real estate brokerage activity or real estate management activity is financial in nature, is incidental to any financial activity, or is complementary to a financial activity. (In effect, prohibits financial holding companies and national banks from engaging, directly or indirectly, in real estate brokerage or real estate management activities.) Exempts from such prohibition: (1) activities of a bank holding company (or any affiliate) that directly relate to managing any real property owned by national banks or their affiliates; and (2) the right, power, or ability of any financial holding company to engage in any activity, or acquire or retain the shares of any company engaged in an activity authorized for financial holding companies on December 6, 2001 ("grandfather clause").
United States · United States Congress · 4 January 2005
Medicare Rural Home Health Services Improvement Act of 2005 - Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to provide for a two-year extension of the temporary Medicare payment increase for home health services furnished in a rural area.
United States · United States Congress · 4 January 2005
Social Security Fairness Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to repeal: (1) pension offset provisions applicable to husband's and wife's insurance benefits, widow's and widower's insurance benefits, and mother's and father's insurance benefits with respect to OASDI payments; and (2) windfall elimination provisions with respect to computation of the primary insurance amount of an individual.
United States · United States Congress · 4 January 2005
Belated Thank You to the Merchant Mariners of World War II Act of 2005 - Directs the Secretary of Veterans Affairs to pay a monthly benefit of $1,000 to certain honorably-discharged veterans of the U.S. Merchant Marine who served between December 7, 1941, and December 31, 1946 (or to their survivors). Includes service in the Army Transport Service and the Naval Transport Service. Exempts benefits paid under this Act from taxation. Provides for benefits for World War II Merchant Mariners under title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act.
United States · United States Congress · 4 January 2005
Postal Accountability and Enhancement Act - Amends Federal postal service law to direct the Postal Regulatory Commission (PRC) (established by this Act) to establish a modern system for regulating rates and classes for market-dominant products (all first-class mail, special services, periodicals, standard mail, media mail, library mail, and bound printed matter). Directs the Board of Governors of the U.S. Postal Service to establish rates and classes for products in the competitive category of mail (priority mail, expedited mail, mailgrams, international mail, and parcel post). Authorizes the Postal Service to conduct market tests of experimental products. Directs the PRC to establish rules to ensure that workshare discounts (presorting, barcoding, etc.) do not exceed the cost that the Postal Service avoids as the result of private sector workshare activity. Establishes in the Treasury a revolving Postal Service Competitive Products Fund which shall be available to the Postal Service without fiscal year limitation for the payment of: (1) costs attributable to competitive products; and (2) all other costs incurred by the Postal Service, to the extent allocable to competitive products. Requires the Postal Service to: (1) compute its assumed Federal income tax (which would be the taxable income of a corporation) on competitive products income for such year; and (2) transfer from the Competitive Products Fund to the Postal Service Fund the amount of that assumed tax. Prohibits the Postal Service from: (1) establishing anti-competitive rules or regulations; (2) compelling the disclosure, transfer, or licensing of intellectual property to any third party; or (3) obtaining information from a person that provides any product, and then offering any product or service that uses or is based in whole or in part on such information, without the person's consent. Makes the Secretary of State responsible for foreign policy related to international postal services and other international delivery services. Replaces the Postal Rate Commission with the Postal Regulatory Commission. Directs the Postal Service to report to the President, Congress, and: (1) PRC on universal postal service in the United States; and (2) Postal Service Board of Governors on the postal processing and distribution network. Repeals the authority of the Postal Service to impose fines on air carriers transporting mail beyond U.S. borders for unreasonable or unnecessary delays and other delinquencies. Directs the Postal Service to prescribe regulations for the safe transportation of hazardous materials in the mail. Provides civil penalties, plus cleanup costs, for violations. Revises postal pension funding requirements under the Civil Service Retirement System. Establishes the Postal Service Retiree Health Benefits Fund.
United States · United States Congress · 4 January 2005
Citizens' Self-Defense Act of 2005 - Declares that a person not prohibited under the Brady Handgun Violence Prevention Act from receiving a firearm shall have the right to obtain firearms for security and to use firearms in defense of: (1) self or family against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury; (2) self or family in the course of the commission by another person of a violent felony against the person or a member of the person's family; and (3) the person's home in the course of the commission of a felony by another person. Authorizes persons whose rights under this Act have been violated to bring an action in U.S. district court against the United States, any State, or any person for damages, injunctive relief, and such other relief as the court deems appropriate. Sets forth provisions regarding: (1) the award of attorney's fees; and (2) the statute of limitations.
![Official portrait of Rep. Marchant, Kenny [R-TX-24]](https://www.congress.gov/img/member/m001158_200.jpg)