United States · United States Congress · 19 April 2005
Employee Free Choice Act - Amends the National Labor Relations Act to require the National Labor Relations Board to certify a bargaining representative without directing an election if a majority of the bargaining unit employees have authorized designation of the representative and there is no other individual or labor organization currently certified or recognized as the exclusive representative of any of the employees in the unit. Sets forth special procedural requirements for reaching an initial collective bargaining agreement following certification or recognition. Revises enforcement requirements with respect to unfair labor practices during union organizing drives. Provides, under injunction provisions, for priority to be given to preliminary investigation of charges of violations by employers or other entities. Adds to remedies for such violations: (1) back pay plus liquidated damages; and (2) additional civil penalties.
United States · United States Congress · 19 April 2005
Fair Pay Act of 2005 - Amends the Fair Labor Standards Act of 1938 to prohibit discrimination in the payment of wages on account of sex, race, or national origin. (Allows payment of different wages under seniority systems, merit systems, systems that measure earnings by quantity or quality of production, or differentials based on bona fide factors that the employer demonstrates are job-related or further legitimate business interests.) Prohibits the discharge of or any other discrimination against an individual for opposing any act or practice made unlawful by this Act, or for assisting in an investigation or proceeding under it. Directs courts, in any action brought under this Act for violation of such prohibition, to allow expert fees as part of the costs awarded to prevailing plaintiffs. Allows any such action to be maintained as a class action. Directs the EEOC to: (1) undertake studies and provide information and technical assistance to employers, labor organizations, and the general public concerning effective means available to implement this Act; and (2) carry on a continuing program of research, education, and technical assistance with specified components related to the purposes of this Act. Makes conforming amendments relating to congressional and executive branch employees to the Congressional Accountability Act of 1995 and the Presidential and Executive Office Accountability Act.
United States · United States Congress · 19 April 2005
Paycheck Fairness Act - Amends the portion of the Fair Labor Standards Act of 1938 (FLSA) known as the Equal Pay Act to revise remedies for and enforcement of prohibitions against sex discrimination in the payment of wages to: (1) add nonretaliation requirements; (2) increase penalties; and (3) authorize the Secretary of Labor (the Secretary) to seek additional compensatory or punitive damages. Requires the Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs to train EEOC employees and affected individuals and entities on matters involving wage discrimination. Authorizes the Secretary to make grants to eligible entities for negotiation skills training programs for girls and women. Directs the Secretaries of Labor and Education to issue regulations or policy guidance to integrate such training into certain programs under their Departments. Directs the Secretary to provide for certain studies, information, national summit, and guidelines, awards, and assistance for employer evaluations of job categories based on objective criteria. Establishes the Secretary of Labor's National Award for Pay Equity in the Workplace. Amends the Civil Rights Act of 1964 to require the EEOC to collect certain pay information. Directs: (1) the Commissioner of Labor Statistics to collect data on woman workers in the Current Employment Statistics survey; (2) the Office of Federal Contract Compliance Programs to use specified types of methods in investigating compensation discrimination and in enforcing pay equity; and (3) the Secretary to make accurate information on compensation discrimination readily available to the public.
United States · United States Congress · 14 April 2005
Rail Infrastructure Development and Expansion Act for the 21st Century - Amends Federal rail transportation law to authorize the Secretary of Transportation to designate high-speed rail infrastructure bonds if: (1) the bonds are issued by a State, or one or more of the States that have entered into an interstate compact under the Amtrak Reform and Accountability Act of 1997, or by such compact; (2) they are for financing projects that make a substantial contribution to providing the infrastructure required to complete a railroad passenger transportation corridor for high-speed intercity rail passenger service, or for projects for the Alaska Railroad; (3) for a railroad passenger transportation corridor design that includes the use of freight railroad rights-of-way, a written agreement exists between the applicant and the freight railroad regarding such use and other conditions are met; (4) the corridor design eliminates all existing railroad grade crossings that would impede high-speed rail operations; (5) the applicant agrees to comply with certain labor standards with respect to such project; and (6) the applicant agrees not to pay the principal or interest on the bonds using funds derived directly or indirectly from the Highway Trust Fund, except as permitted by existing law. Excludes the interest on such bonds from an individual's gross income. Requires any entity providing high-speed intercity passenger railroad transportation to negotiate over hiring and working conditions with the collective bargaining agent or agents of the employees of any existing rail passenger service it might be replacing. Amends the Internal Revenue Code to allow certain tax credits to holders of qualified high-speed rail infrastructure bonds. Makes corridor development activities (including the acquisition of locomotives, rolling stock, track, and signal equipment) eligible for Federal assistance. Amends specified Federal law to change from discretionary to mandatory the Secretary's authority to provide direct loans and loan guarantees for rail rehabilitation and improvement projects to State and local governments, interstate compacts, government sponsored authorities and corporations, railroads, and joint ventures that include at least one railroad.
United States · United States Congress · 14 April 2005
Amtrak Reauthorization Act of 2005 - Amends Federal transportation law to authorize appropriations for Amtrak for FY 2006 through 2008 for: (1) capital expenditures; (2) certain mandatory payments; and (3) Amtrak's contractual obligations for commuter and State-supported passenger rail service. Includes among mandatory Amtrak payments to the Treasury: (1) an amount equal to the tax Amtrak must pay as an employer under the Railroad Retirement Tax Act that is more than the amount needed for anticipated benefits for retirees and their beneficiaries; (2) amounts necessary to pay the contribution for employee unemployment benefits under the Railroad Unemployment Insurance Act that are more than its obligations calculated on an experience-related basis; and (3) amounts necessary to pay railroad unemployment repayment taxes. Requires Amtrak to transmit to the Secretary of Transportation annually a comprehensive business plan, including targets for ridership and for each intercity train route (including Autotrain), revenues, and capital and operating expenses, and supplemental reports describing the work completed to date, any changes to the business plan, and the reasons for such changes. Prohibits the use of amounts appropriated under this Act to subsidize operating losses of commuter rail passenger or rail freight transportation.
United States · United States Congress · 14 April 2005
Access to Legal Pharmaceuticals Act - Amends the Public Health Service Act to require any pharmacy receiving prescription drugs or prescription devices in interstate commerce to: (1) ensure that any in stock prescription that one pharmacist refuses to fill on the basis of a personal belief is filled by another pharmacist employed by the pharmacy without delay; (2) ensure that any individual who presents a prescription for an item that is not in stock which one pharmacist refuses to order on the basis of a personal belief is immediately informed that the product can be ordered by the pharmacy and to order such product without delay; and (3) not employ any pharmacist who engages in any conduct with the intent to prevent or deter an individual from filling a valid prescription, including refusing to return a prescription form, refusing to transfer a prescription, or subjecting the individual to humiliation or harassment. Provides that this Act does not require the pharmacy to keep any particular product in stock nor does it apply with respect to a product for a health condition if the pharmacy does not keep in stock any product for such condition. Sets forth civil penalties. Allows a private cause of action for a violation of this Act.
United States · United States Congress · 14 April 2005
Homeland Emergency Response Operations Act or HERO Act - Amends the Communications Act of 1934 to prohibit the Federal Communications Commission (FCC) from granting any extension beyond December 31, 2006, for the reassignment of the frequencies assigned for public safety services. Directs the FCC to complete assignment of the electromagnetic spectrum between 764 and 776 megahertz and between 794 and 806 megahertz for public safety services and to permit operations by public safety services on those frequencies no later than January 1, 2007.
United States · United States Congress · 14 April 2005
Kids First Act of 2005 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to give States the option to receive 100 percent Federal medical assistance percentage (FMAP) for medical assistance to children in poverty in exchange for expanded coverage of children in working poor families under Medicaid or SCHIP (SSA title XXI (State Children's Health Insurance)). Eliminates the cap on SCHIP funding for States that expand eligibility for children. Gives States the option to: (1) provide wrap-around SCHIP coverage to children who have other health coverage; (2) enroll low-income children of State employees in SCHIP; (3) provide optional coverage of legal immigrant children under Medicaid and SCHIP; and (4) provide for passive renewal of eligibility for children under Medicaid and SCHIP. Amends the Internal Revenue Code to provide for: (1) a refundable income tax credit for health insurance coverage of children; and (2) forfeiture of the personal tax exemption for any child not covered by health insurance. Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act to require group market health insurers to offer a dependent coverage option for workers and other individuals with children.
United States · United States Congress · 14 April 2005
Increases during FY 2006 through 2010 the minimum active-duty end strength levels for the Armed Forces. Directs the Secretary of Defense to manage the selection, training, and retention of Special Operations Forces so that the total number of such personnel is increased by 2,000 at the end of each of fiscal years 2006 through 2010, thus equaling a total increase of 10,000.
United States · United States Congress · 14 April 2005
Clean Cruise Ship Act of 2005 - Prohibits cruise vessels entering U.S. ports from discharging sewage, graywater, or bilge water into the waters of the United States, with specified exceptions, including when in compliance with effluent limits and management standards. Requires the Commandant of the Coast Guard and the Administrator of the Environmental Protection Agency (EPA) to issue regulations establishing effluent limits for sewage and graywater discharged by cruise vessels. Requires the Commandant to issue regulations implementing an inspection, sampling, and testing program sufficient to verify compliance with this Act and other specified laws. Prohibits employment discrimination against persons who institute or testify in proceedings under this Act. Authorizes interested persons to file a petition in U.S. circuit court requesting review of the Commandant's action in promulgating effluent limits or carrying out inspections, sampling, or testing under this Act. Establishes administrative, civil, and criminal penalties for violations of this Act. Authorizes rewards for information leading to the payment of such penalties. Establishes in rem liability for cruise vessels violating this Act. Authorizes citizen suits in the U.S. district courts against those who violate this Act or related regulations and orders, or against the Administrator or Commandant for an alleged failure to perform. Establishes special compliance deadlines for Alaskan cruise vessels with advanced treatment systems. Establishes the Cruise Vessel Pollution Control Fund. Requires the Commandant to establish and collect fees from cruise vessels to carry out this Act and to deposit fees in the Fund.
United States · United States Congress · 14 April 2005
Intermodal Transportation Act of 2005 - Amends Federal transportation law to authorize the Secretary of Transportation to award grants to public or private entities for capital projects for: (1) acquiring, constructing, improving, or renovating a publicly or privately owned or operated intermodal passenger facility related to intercity bus service; and (2) establishing or enhancing coordination between such service and other specified transportation through a publicly or privately owned or operated integrated system of public transportation information. Sets the Federal share of project costs at 80 percent.
United States · United States Congress · 13 April 2005
Guam World War II Loyalty Recognition Act - Recognizes the suffering and the loyalty of the people of Guam during the Japanese occupation of Guam in World War II. Establishes in the Treasury the Guam World War II Loyalty Recognition Fund (which shall terminate on the later of three years after the date of enactment of this Act or one year after disbursement of all Fund payments). Directs: (1) the Secretary of the Interior to make specified payments to eligible family members as successor claimants to persons who were killed, injured, interned, or subjected to forced labor or marches resulting from, or incident to, such occupation and subsequent liberation; (2) the Foreign Claims Settlement Commission of the United States (FCSC) to establish the Guam World War II Loyalty Recognition Commission to adjudicate such claims; and (3) the Secretary to establish the non-profit Guam World War II Remembrance Trust Fund, which shall undertake educational, medical, and other endeavors to benefit the people of Guam.
United States · United States Congress · 13 April 2005
Healthy Early Education Workforce Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to make an annual matching grant to each eligible State to provide access to affordable health benefits coverage for eligible child care providers, their staffs, and, at the State's discretion, their spouses, domestic partners, and dependents. Allows a State to use such grants to: (1) reimburse an employer or eligible individual for premiums or other costs for coverage under health plans; (2) offset the cost of enrolling individuals in Medicaid or the State Children's Health Insurance Program (SCHIP); and (3) subsidize the cost of health benefits coverage to eligible individuals. Sets forth a formula for determining the amounts of such grants to be allotted to U.S. territories, Indian tribes, and States, including as factors the relative numbers of children under five years old and children receiving free or reduced lunches in a State. Directs the Secretary to evaluate several State programs representing various approaches to raising the rate of child care workers with health benefits coverage.
United States · United States Congress · 13 April 2005
Family and Workplace Balancing Act of 2005 - Balancing Act of 2005 - Provides assistance for working families through: (1) family and medical care leave; (2) expanded child care for young children and incentives for child care providers; (3) preschool, in-school, and afterschool nutrition and education; (4) temporary and part-time workers pension and health plan benefits; and (5) encouragement of business use of employee telecommuting. Family Income to Respond to Significant Transitions Act - Directs the Secretary of Labor to make five-year grants to a State or local government to pay for the Federal share of the cost of carrying out projects that assist families by providing wage replacement for eligible individuals responding to caregiving needs resulting from the birth or adoption of a son or daughter or other family caregiving needs. Family and Medical Leave Enhancement Act of 2005 - Amends the Family and Medical Leave Act of 1993 (FMLA) to allow employees covered by FMLA to take up to four hours during any 30-day period, and up to 24 hours during any 12-month period, of parental involvement leave to participate in or attend their children's or grandchildren's educational and extracurricular activities. Amends Federal civil service law to apply the same parental involvement leave allowance to Federal employees. Amends the Child Care and Development Block Grant Act of 1990 to authorize additional funds for expanding child care activities for young children less than three years of age. Establishes: (1) the Child Care Provider Development and Retention Grant Program; and (2) the Child Care Provider Scholarship Program. Healthy Early Education Workforce Grant Program Act - Authorizes the Secretary of Health and Human Services (HHS) to allot funds to eligible States (and Indian tribes and tribal organizations) to pay for the Federal share of the cost of providing access to affordable health benefits coverage for: (1) eligible child care providers; and (2) at State option, the spouses, domestic partners, and dependents of such providers. Child Care Construction and Renovation Incentive Grants Act - Amends the Housing and Community Development Act of 1974 to provide for use of community development block grants to establish child care facilities. Amends the National Housing Act to provide for insurance for mortgages: (1) on new and rehabilitated child care facilities; and (2) for acquisition of or the refinancing of debt on existing child care facilities. Authorizes the Secretary of Housing and Urban Development to make technical and financial assistance grants to acquire or improve child care facilities or equipment. Directs the Secretary of HHS to establish a business child care incentive grant program. Universal Prekindergarten Act - Directs the Secretary of HHS to make grants to State agencies to develop full-day, full-year universal prekindergarten programs for all children three, four, and five years old. Amends the Child Nutrition Act of 1966 (CNA) to direct the Secretary of Agriculture to carry out a universal free school breakfast program without regard to family incomes. Amends the Richard B. Russell National School Lunch Act (NSLA) to direct the Secretary of Agriculture to establish a program of healthy school nutrition environment incentive grants. Afterschool Education Enhancement Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to require State educational agencies to give priority to 21st century community learning centers program applications submitted jointly by eligible entities. Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for treatment of employees working at less than full-time under participation, vesting, and accrual rules governing pension plans and under group health plans. United States Business Telework Act - Directs the Secretary of Labor to conduct, in not more than five States, a pilot program to raise awareness about telework among employers, and encourage them to offer telework options to employees.
United States · United States Congress · 12 April 2005
Real Estate Investment Thrift Savings Act - Amends Federal law relating to the Federal Employees' Retirement System to provide for the establishment of a Real Estate Stock Investment Fund under the Thrift Savings Plan.
United States · United States Congress · 12 April 2005
Simplify Tax Filing for Seniors Act of 2005 - Directs the Secretary of the Treasury to make available a new Federal income tax Form 1040S (similar to Form 1040EZ) to individuals who have turned 65 as of the close of the taxable year. Allows the form to be used even if income includes: (1) social security benefits; (2) distributions from qualified retirement plans, annuities, or other such deferred payment arrangements; (3) interest and dividends; or (4) capital gains and losses.
United States · United States Congress · 12 April 2005
Collegiate Housing and Infrastructure Act of 2005 - Amends the Internal Revenue Code to allow tax-exempt charitable or educational organizations to make collegiate housing and infrastructure improvement grants to certain tax-exempt social clubs (e.g., college fraternities and sororities) so long as all of the active members of such clubs are full-time students at the college or university with which such clubs are associated. Defines "collegiate housing and infrastructure grants" to include grants to provide, improve, operate, or maintain collegiate housing.
United States · United States Congress · 12 April 2005
Renewing the Dream Tax Credit Act - Amends the Internal Revenue Code to allow homebuilders and investors a general business tax credit for building or substantially rehabilitating residences for low and moderate-income individuals in certain areas, including a rural area, an Indian reservation, or an area of chronic economic distress. Sets forth rules for the calculation of such credit and its administration and allocation by the States.
United States · United States Congress · 12 April 2005
Urges the Government of the Federal Republic of Nigeria to transfer Charles Ghankay Taylor, former President of the Republic of Liberia, to the jurisdiction of the Special Court for Sierra Leone to undergo trial for war crimes, crimes against humanity, and other serious violations of international humanitarian law.
United States · United States Congress · 6 April 2005
Chinese Currency Act of 2005 - Amends the Tariff Act of 1930 regarding countervailing duty investigations to revise the definition of countervailable subsidy to include exchange-rate manipulation. Defines "exchange-rate manipulation" as protracted large-scale intervention by an authority to undervalue its currency in the exchange market that prevents effective balance-of-payments adjustment or that gains an unfair competitive advantage over any other country. Specifies factors for determining whether exchange-rate manipulation is occurring and a benefit thereby conferred. Applies the definition of "exchange-rate manipulation" to the Government of the People's Republic of China (PRC) or any other public entity within its territory. Specifies: (1) factors for determining whether exchange-rate manipulation is occurring in the PRC; (2) actions to be taken, if a petition for an investigation alleges and reasonably documents that it is occurring; and (3) the standard for presidential action to prevent or remedy the market disruption at issue (including import relief and its modification and extension). Directs the Secretary of Defense, upon proper request or resolution, to report to the U.S. International Trade Commission any determination as to whether or not the articles of the PRC that are the subject of the investigation are like or directly competitive with domestically produced articles critical to the U.S. defense industrial base. Prohibits the Secretary from procuring, directly or indirectly, such products if the Commission or the President or the U.S. Trade Representative makes an affirmative determination that the Secretary's determination is accurate. Provides for presidential waiver of the prohibition in the national security interests of the United States.
United States · United States Congress · 6 April 2005
Nanomanufacturing Investment Act of 2005 - Directs the Secretary of Commerce to establish: (1) the Nanomanufacturing Investment Partnership, in partnership with private sector investors, if $250 million is made available for such purposes from the private sector within two years after this Act's enactment; and (2) an advisory board. Directs that: (1) the Partnership provide funding for precommercial nanomanufacturing research and development (but not for basic research) projects, through specified funding mechanisms in a manner that advances the commercialization of nanomanufacturing technologies to address critical scientific and engineering needs of national importance, especially regarding projects that would not be adequately funded or pursued by the private sector or pursuant to other law, and to increase the commercial application of federally supported research results; and (2) to the extent that a sufficient number of viable applications have been submitted, at least 85 percent of the funding provided by the Partnership be provided to startup companies. Authorizes the Partnership to provide funding through direct investment in nanomanufacturing firms, contracts, loans or loan guarantees, unsecured subordinated debt, or any other mechanism designed to advance nanomanufacuring technologies. Requires that each transaction through which the Partnership provides such funding provide for the return of fair and reasonable amounts resulting from the commercialization of technologies developed with the funding provided by the Partnership, and be distributed as specified. Directs that: (1) each applicant for funding assistance be required to provide a portion of the cost; and (2) each application be peer reviewed.
United States · United States Congress · 6 April 2005
Ending Tax Breaks for Discrimination Act of 2005 - Amends the Internal Revenue Code to deny all tax deductions for business expenses (including advertising expenses) associated with the use of a private club that discriminates on the basis of sex, race, or color.
United States · United States Congress · 6 April 2005
Directs the Secretary of the Interior to make grants and create a program within the National Park Service to support and work in partnership with citizens, governmental and tribal organizations, educational institutions, and nonprofit organizations for the purpose of identifying, protecting, and acquiring historic confinement sites where Japanese Americans were detained during World War II in order to gain inspiration from these sites and to demonstrate the Nation's commitment to equal justice. Directs the Secretary, in consultation with the Japanese American National Heritage Coalition, to make grants to citizens, States, local, and tribal governments, other public entities, educational institutions, and private nonprofit organizations to assist in carrying out the actions described above. Provides for the Secretary to require a 25 percent non-Federal match for funds provided under this Act. Terminates the force and effect of this Act two years after the disbursement to grantees of the total amount of funds authorized to be appropriated under this Act.
United States · United States Congress · 6 April 2005
Recognizes the 140th anniversary of the ratification of the 13th Amendment to the Constitution (prohibits slavery or involuntary servitude) on December 6, 1865. Encourages the American people to educate and instill pride and purpose into their communities about the history of liberation and the civil rights movement in the United States and to observe such anniversary each year.
United States · United States Congress · 5 April 2005
Declares that the House of Representatives: (1) honors Johnnie Cochran, Jr., for his service to the Nation, his pioneering work as a lawyer, author, TV commentator, and philanthropist, and his personal integrity and professional excellence; and (2) expresses its deepest condolences to his family, friends, colleagues, and admirers.
United States · United States Congress · 17 March 2005
Darfur Genocide Accountability Act of 2005 - Expresses the sense of Congress that the atrocities unfolding in Darfur, Sudan, are genocide. Directs the President to: (1) block the property and assets of civil and military officials of the Government of Sudan and their family members implicated in the Darfur atrocities, and property and assets controlled by the National Congress Party; and (2) prohibit an entity engaged in any commercial activity in Sudan from raising capital in the United States, or from trading its securities in any capital market in the United States. Directs the Secretary of State to: (1) prohibit visas for civil and military officials of the Government of Sudan, and militia members and others implicated in the Darfur atrocities; (2) reduce the Sudanese diplomatic mission in Washington, D.C., and restrict or control the remaining staff's movement within the United States; and (3) instruct the U.S. Permanent Representative to the United Nations (UN) to oppose any UN or other international conference from being held in Sudan. Authorizes the President to: (1) use force to stop the Darfur genocide, including establishment of a no-fly zone and use of unmanned armed planes; and (2) deny U.S. port entry to ships doing business in the Sudan oil sector and /or with the Sudan armed forces.
United States · United States Congress · 17 March 2005
Paul Wellstone Mental Health Equitable Treatment Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act to prohibit a group health plan or group health coverage that provides both medical and surgical benefits and mental health benefits from imposing treatment limitations or financial requirements on the mental health benefits unless comparable limitations or requirements are imposed on medical and surgical benefits. Excludes such requirements for plans and coverage for small employers. Allows a plan or coverage that provides in-network mental health benefits to provide out-of-network mental health benefits using treatment limitations or financial requirements that are not comparable to those applied to medical-surgical benefits if the in-network mental health benefits are provided at parity with medical-surgical benefits and with reasonable access. Requires the Government Accountability Office (GAO) to: (1) study the effects of this Act on health insurance costs and access and quality of health care; and (2) provide a cost estimation of extending such requirements to the treatment of substance abuse and chemical dependency.
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
Cesar E. Chavez Congressional Gold Medal Act - Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation, on behalf of Congress, of a gold medal to the next of kin or other personal representative of Cesar E. Chavez in recognition of his service to the Nation. (Chavez organized farm workers to campaign for safe and fair working conditions, founded the National Farm Workers Association-- predecessor of the United Farm Workers of America-- and was a recipient of the Martin Luther King Jr. Peace Prize and the Presidential Medal of Freedom.)
United States · United States Congress · 17 March 2005
Part-time Student Assistance Act - Amends the Higher Education Act of 1965 to provide access and assistance to increase college attendance and completion by part-time students. Exempts from student aid need formula determinations earnings up to: (1) $9,000 by dependent students; (2) $12,000 by independent students with no dependents (other than spouse); and (3) $12,000 by independent students with dependents (other than spouse). Provides for a formula for a revised table of income protection allowances. Exempts earned income credits from the calculation of income. Revises and expands a program (child care access means parents in school) which provides grants to institutions of higher education for child care assistance for low-income students. Directs the Secretary of Education to establish a year-round Pell grant pilot program. Authorizes a demonstration program to create a holistic approach to addressing the needs of part-time students. Allows such program to: (1) be at up to 150 associates and bachelors degree-granting institutions; and (2) include grants, leveraging funds from non-Federal sources, comprehensive child care, and better tailored remedial course programs.
United States · United States Congress · 17 March 2005
Vocational Opportunities and Instruction through Cooperative Education Act of 2005 - VOICE Act of 2005 - Authorizes the Secretary of Education to enter into a partnership with a qualified local educational agency to conduct a model school-to-work program. Requires such program to: (1) provide course credits to secondary school students who participate in work-based learning experiences in the public or private sector; (2) ensure that such students are paid at least the minimum wage under the Fair Labor Standards Act of 1938 for such work; and (3) not require, or give credit for, any such work exceeding 20 hours a week. Requires participating students to have: (1) no criminal background; (2) a grade point average of 2.0 or higher; and (3) a satisfactory record of school attendance.
United States · United States Congress · 17 March 2005
Smuggled Tobacco Prevention Act of 2005 - Amends the Internal Revenue Code to require all packages of tobacco products to carry a unique legibly printed serial number by which the Secretary of the Treasury can identify the manufacturer or importer and the location and date of manufacture or importation. Requires tobacco products sold on Indian reservations to be labeled as such. Requires a person to post a bond with the Secretary in order to export tobacco products. Requires a tobacco wholesaler to have a permit and to maintain certain records. Requires export warehouse proprietors to file certain reports with the Secretary. Authorizes the Secretary to enter into certain tobacco related information exchange agreements with foreign countries. Establishes new criminal offenses relating to the distribution of tobacco products. Raises the $1,000 civil penalty for violations relating to tobacco products to $10,000. Amends the Contraband Cigarette Trafficking Act to: (1) expand the applicability of such Act from cigarettes only to tobacco products (cigars, cigarettes, smokeless tobacco, pipe tobacco, and roll-your-own tobacco); (2) define a "contraband tobacco product" as a quantity of tobacco product that is equivalent to or more than 2,000 cigarettes (currently, 60,000) which bear no evidence of the payment of applicable State tobacco taxes and that is possessed illegally; and (3) establish new unlawful acts. Allows a State tobacco tax authority to bring a civil action in U.S. district court for the collection of State cigarette taxes. Prohibits retaliation against employees (whistleblowers) who provide information in contraband tobacco cases. Provides for administrative and judicial remedies for such whistleblowers.
United States · United States Congress · 17 March 2005
Clean Water Authority Restoration Act of 2005 - Amends the Federal Water Pollution Control Act to replace the term "navigable waters," throughout the Act, with the term "waters of the United States," defined to mean all waters subject to the ebb and flow of the tide, the territorial seas, and all interstate and intrastate waters and their tributaries, including lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, natural ponds, and all impoundments of the foregoing, to the fullest extent that these waters, or activities affecting them, are subject to the legislative power of Congress under the Constitution.
United States · United States Congress · 15 March 2005
Assault Weapons Ban and Law Enforcement Protection Act of 2005 - Reinstates for ten years repealed criminal provisions regarding assault weapons and large capacity ammunition feeding devices (the assault weapons ban). Revises the definition of "semiautomatic assault weapon" to include conversion kits (for converting a firearm to such a weapon) and any semiautomatic rifle or pistol that has an ability to accept a detachable magazine and that has specified characteristics, including a telescoping stock. Prohibits the transfer of such a weapon except through a licensed dealer or a State or local law enforcement agency, subject to specified requirements. Directs the Attorney General to: (1) establish and maintain a record of the make, model, and date of manufacture of any such weapon which the Attorney General is made aware has been used in relation to a crime, and of the nature and circumstances of the crime involved; and (2) annually submit the record to Congress and make it available to the public. Prohibits: (1) the transfer of any assault weapon with a large capacity ammunition feeding device; and (2) a licensed manufacturer, importer, or dealer who transfers such a device that was manufactured on or before this Act's enactment from failing to certify to the Attorney General, within 60 days of the transfer date, that the device was manufactured on or before that date. Sets penalties for violations. Prohibits: (1) the transfer of such a weapon or device to a juvenile; and (2) the importation of such a device.
United States · United States Congress · 15 March 2005
Civic Participation and Rehabilitation Act of 2005 - States that the right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institute or facility at the time of the election. Authorizes the Attorney General, in a civil action, to obtain declaratory or injunctive relief to remedy a violation of this Act. Provides for a private right of action. Prohibits any State, unit of local government, or other person from receiving or using any Federal grant amount, to construct or otherwise improve a prison, jail, or other place of incarceration, unless that person has in effect a program under which each U.S. citizen incarcerated in that person's jurisdiction is notified, upon release, of that citizen's rights.
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 · 15 March 2005
Fairness and Accountability in International Taxation Act of 2005 - Amends the Internal Revenue Code to deny reduced withholding tax treaty benefits to a foreign entity on any deductible foreign payment (deductible payment made by a domestic entity to a related foreign entity) unless such entity is predominantly owned by individuals who are residents of such foreign country. Exempts from such provision: (1) corporations with substantial business activities in a treaty country with specified tax rates; (2) payments received by controlled foreign corporations from U.S. shareholders; and (3) certain conduit payments made by foreign corporations. Provides a special income and deduction allocation rule for related-party inbound (transfer price reduced by deflected tax haven income) and outbound (transfer price increased by deflected tax haven income) transactions. Defines "related-party inbound transaction," "related-party outbound transaction," and "deflected tax haven."
United States · United States Congress · 15 March 2005
Constitutional Amendment - States that equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.
United States · United States Congress · 15 March 2005
Acknowledges and recognizes the significant achievements and contributions of African American women scientists, mathematicians, and inventors and supports the establishment of a special day on which these great minds may be honored and esteemed.
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
Teague Ryan Sudden Child Cardiac Arrhythmia Syndromes Screening and Education Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award grants or contracts to carry out programs to: (1) screen children for sudden cardiac arrhythmia syndromes; (2) provide referrals for medical services regarding such syndromes; and (3) provide education on such syndromes to health professionals and the general public. Requires the Secretary to give priority to: (1) screenings and referrals for children who participate, or intend to participate, in organized sports; and (2) educational activities directed toward parents of such children and health professionals who commonly provide medical care for such children.
United States · United States Congress · 9 March 2005
Removing Impediments to Students Education Act - RISE Act - Amends the Higher Education Act of 1965 to repeal provisions which make persons convicted of drug offenses ineligible to receive student financial assistance for a certain period.
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 · 9 March 2005
Rockies Prosperity Act - Designates the following lands in Idaho, Montana, Oregon, Washington, and Wyoming as wilderness and components of the National Wilderness Preservation System (System): (1) Greater Glacier/Northern Continental Divide ecosystem; (2) Greater Yellowstone ecosystem; (3) Greater Salmon/Selway ecosystem; (4) Greater Cabinet/Yaak/Selkirk ecosystem; (5) Islands in the Sky Wilderness; and (6) Blackfeet Wilderness. Designates: (1) specified wild land areas as Biological Connecting Corridors to protect the life flow of the Northern Rockies Bioregion; (2) the inventoried roadless areas identified as part of the Corridors as components of the System; and (3) certain biological connecting corridors as special corridor management areas. Establishes the Hells Canyon/Chief Joseph National Park and Preserve as a National Park System unit. Repeals Federal law provisions that establish the Hells Canyon National Recreation Area. Requires the Secretary of the Interior to: (1) implement a program of ecosystem restoration in the Preserve; and (2) study the feasibility of creating a Flathead National Park and Preserve in the area generally known as the Glacier View Ranger District of the Flathead National Forest. Amends the Wild and Scenic Rivers Act to designate segments of specified rivers and creeks in Idaho, Montana, and Wyoming as components of the National Wild and Scenic Rivers System. Establishes the National Wildland Restoration and Recovery System and the National Wildland Recovery Corps. Requires the Secretaries of the Interior and Agriculture to assure nonexclusive access to the specified areas and corridors designated by this Act by Native Americans for traditional cultural and religious purposes.
United States · United States Congress · 9 March 2005
American Health Security Act of 2005 - Establishes the State-Based American Health Security Program to provide every U.S. resident who is a U.S. citizen, national, or lawful resident alien with health care services. Requires each participating State to establish a State health security program. Eliminates benefits under: (1) titles XVIII (Medicare), XIX (Medicaid), and XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act; (2) the Federal Employees Health Benefits Program; and (3) the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS). Requires each State health security program to prohibit the sale of health insurance in that State that duplicates benefits provided under the program. Establishes the American Health Security Standards Board to: (1) develop policies, procedures, guidelines and requirements to carry out this Act; (2) establish uniform reporting requirements; (3) provide for an American Health Security Advisory Council and an Advisory Committee on Health Professional Education; and (4) establish a national health security budget specifying the total Federal and State expenditures to be made for covered health care services. Establishes the American Health Security Quality Council to: (1) review and evaluate practice guidelines, standards of quality, performance measures, and medical review criteria; and (2) develop minimum competence criteria. Establishes the Office of Primary Care and Prevention Research within the Office of the Director of the National Institutes of Health (NIH). Amends the Internal Revenue Code to create the American Health Security Trust Fund and appropriates to the Fund specified tax liabilities and current health program receipts.
![Official portrait of Rep. Millender-McDonald, Juanita [D-CA-37]](https://www.congress.gov/img/member/m000714_200.jpg)