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
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 · 16 February 2005
Continuity in Representation Act of 2005 - Amends Federal law concerning the election of Senators and Representatives to require States to hold special elections to fill vacancies in the House of Representatives within 45 days after a vacancy is announced by the Speaker of the House in the extraordinary circumstance that vacancies in representation from the States exceed 100. Waives the 45-day requirement if a regularly scheduled general election for the office involved is to be held at any time within a 75-day period beginning on the date of the vacancy announcement. Permits the political parties of a State that are authorized to nominate candidates by State law to each nominate one candidate to run in the special election not later than ten days after the Speaker announces that the vacancy exists. Sets forth requirements for judicial review of any action which is brought for declaratory or injunctive relief to challenge an announcement made under this Act. Requires a final decision in an action to be made within three days of filing of such action. Makes a final decision non-reviewable. Provides that in conducting a special election under this Act to fill a vacancy in its representation, the State is required to ensure to the greatest extent practicable (including through the use of electronic means) that absentee ballots for election are transmitted to absent uniformed services voters and overseas voters not later than 15 days after the Speaker of the House announces that the vacancy exists. Provides that in the case of an individual who is an absent uniformed services voter or an overseas voter, a State is required to accept and process any otherwise valid ballot or other election material from the voter so long as the ballot or other material is received by the appropriate State election official not later than 45 days after the State transmits the ballot or other material to the voter.
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
Animal Fighting Prohibition Enforcement Act of 2005 - Amends the Federal criminal code to prohibit: (1) sponsoring or exhibiting a bird in a fighting venture in a State where it would not otherwise be in violation of the law, only if the person knew that any bird in the venture was knowingly bought, sold, delivered, transported, or received in interstate or foreign commerce for such purpose; or (2) knowingly sponsoring or exhibiting in an animal fighting venture any other animal that was moved in interstate or foreign commerce. Prohibits knowingly: (1) selling, buying, transporting, delivering, or receiving, for purposes of transportation in interstate or foreign commerce, any dog or other animal to participate in an animal fighting venture; (2) using interstate mail service for commercial speech promoting an animal fighting venture except as performed outside the limits of the States (with an exception for bird fights in States whose laws allow them); or (3) selling, buying, transporting, or delivering in interstate or foreign commerce a knife, gaff, or other sharp instrument to be attached to the leg of a bird for use in an animal fighting venture. Increases the penalties to a fine and up to two years' imprisonment for violations.
United States · United States Congress · 15 February 2005
Expresses: (1) condolences of the House of Representatives to the families of the individuals killed in the terrorist bombing attacks in Madrid that occurred on March 11, 2004; (2) deepest sympathy to the individuals injured in such attacks and to the people of the Kingdom of Spain on the one year anniversary of the attacks; and (3) solidarity with Spain and all other countries that have been attacked during the Global War on Terrorism. Condemns such terrorist attacks and all acts of terror worldwide.
United States · United States Congress · 14 February 2005
Save Our Small and Seasonal Businesses Act - Amends the Immigration and Nationality Act to prohibit an alien counted toward the numerical limitation applicable to H-2B nonimmigrants (temporary nonagricultural workers) during any of the three fiscal years prior to submission of an H-2B petition from being counted toward the limitation in the year of petition approval. Makes this provision effective as if enacted on October 1, 2004. Provides for its expiration on October 1, 2006. Requires the Secretary of Homeland Security to impose a fraud prevention and detection fee on employers filing H-2B petitions. Mandates the deposit of such fees into the Fraud Prevention and Detection Account. Authorizes additional penalties for a substantial failure to meet any condition of an H-2B petition or the willful misrepresentation of a material fact in such a petition. Requires the allocation of the numerical limitation on the issuance of H-2B visas (currently, 66,000) such that the total number of H-2B nonimmigrants entering the United States during the first six months of a fiscal year is not more than 33,000. Directs the Secretary to provide the House and Senate Judiciary Committees with information on: (1) the numbers of aliens granted H-2B status or terminated from H-2B status, on a quarterly basis; and (2) the countries of origin, occupations of, and compensation paid to aliens granted H-2B status, the number of aliens terminated from such status, and the number of aliens provided such status during both the fiscal year reported and the preceding fiscal year, on an annual basis. Requires the Secretary of State to provide information relevant to such reports.
United States · United States Congress · 10 February 2005
Child Interstate Abortion Notification Act - Amends the federal criminal code to prohibit transporting a minor across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minor’s state of residence that requires parental involvement in the minor’s abortion decision). Makes an exception for an abortion necessary to save the life of the minor. Protects from prosecution or civil liability the minor or the minor’s parents for violations of this Act. Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place. Authorizes any parent who suffers harm from a violation of this Act to seek relief in a civil action. Defines "parent" to include a guardian, legal custodian, or person standing in loco parentis. Imposes a fine and/or prison term of up to one year on an physician who performs or induces an abortion on an out-of-state minor without complying with parental notification requirements. Allows certain exceptions, including abortions necessary to save the life of the minor.
United States · United States Congress · 10 February 2005
Ukrainian American Veterans Charter Act - Grants a Federal charter to the Ukrainian American Veterans, Incorporated (a nonprofit corporation organized under the laws of the State of New York).
United States · United States Congress · 10 February 2005
Farmland Capital Gains Equity Act of 2005 - Amends the Internal Revenue Code to provide an exclusion from gross income of gain from the sale of qualified farm property. Defines "qualified farm property" as U.S. property used by a taxpayer or a member of his family as a farm for farming purposes for at least three years. Requires such taxpayer or family member to materially participate in the operation of the farm. Limits the amount of such exclusion to $500,000 ($250,000 in the case of a married individual filing a separate return), reduced by the aggregate amount of gain excluded for all preceding taxable years.
United States · United States Congress · 10 February 2005
Urges the Department of Commerce and the International Trade Commission, in conducting five-year sunset reviews of antidumping or countervailing duties on steel products, to use their authority to take into account, and report on, the impact of such duties on steel-consuming manufacturers and the overall economy.
United States · United States Congress · 9 February 2005
Great Lakes Controlled Data Collection and Monitoring Act - Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency (EPA), in cooperation with Canada and appropriate Federal agencies, to develop and implement a set of science-based indicators of water quality and related environmental factors in the Great Lakes, including measures of accumulated toxic pollutants. Directs the Administrator to establish a Federal network for regular monitoring and data collection with respect to such indicators. Requires biennial reporting of results and identification of any emerging problems.
United States · United States Congress · 9 February 2005
Federal Firefighters Fairness Act of 2005 - Amends Federal law to provide that, with regard to an employee in fire protection activities: (1) heart disease, lung disease, specified cancers and infectious diseases shall be presumed to be proximately caused by the employee's employment; (2) the disability or death of an employee in fire protection activities due to such a disease shall be presumed to result from personal injury sustained while in the performance of such employee's duty; and (3) such presumptions may be rebutted by a preponderance of the evidence.
United States · United States Congress · 9 February 2005
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 - Amends Federal bankruptcy law governing: (1) conversion of bankruptcy petitions; (2) abusive creditor practices; (3) domestic support obligations; (4) consumer protections, including protection of personally identifiable information; (5) measures to discourage bankruptcy abuse, including reduction of the homestead exemption for fraud; (6) guidelines for general and small business bankruptcies, including appointment of a committee of retired employees; (7) bankruptcy data dissemination and bankruptcy tax provisions; (8) ancillary and other cross-border cases to incorporate the Model Law on Cross-Border Insolvency; and (9) financial contracts and transfers entered into with an insolvent insured depository institution before its conservatorship or receivership. Reenacts Chapter 12, Adjustment of Debts of a Family Farmer with Regular Annual Income. Brings family fishermen within the purview of Federal bankruptcy protection. Prescribes guidelines for insolvent health care businesses and related patients' rights. Bankruptcy Judgeship Act of 2005 - Amends the Federal Judicial Code to mandate appointments for additional temporary bankruptcy judgeships in designated States. Prescribes additional consumer credit disclosures, including open end credit plans and introductory rates.
United States · United States Congress · 9 February 2005
Amends title XIX (Medicaid) of the Social Security Act to include podiatrists as physicians in order to cover their services under the Medicaid program.
United States · United States Congress · 8 February 2005
Amends the Federal Water Pollution Control Act to require projects receiving sewer overflow control grant assistance to be carried out subject to the requirements applicable to projects receiving assistance from State water pollution control revolving funds, except to the extent that the Governor of the State in which the project is located determines that a revolving fund requirement is inconsistent with the purposes of the sewer overflow control grant program. Reauthorizes appropriations for sewer overflow control grants through FY 2011. Modifies grant funding allocation provisions to reflect new dates of authorization and reauthorized amounts. Eliminates the set-aside for the Administrator of the Environmental Protection Agency (EPA) to make direct grants to municipalities and municipal entities during the second year of authorization. Establishes a December 31, 2008, deadline for the Administrator's report to Congress on recommended funding levels for sewer overflow control grants.
United States · United States Congress · 2 February 2005
Personal Responsibility in Food Consumption Act - Prohibits new and dismisses pending civil actions by any person against a manufacturer or seller of food or a trade association for any injury resulting from a person's consumption of food and weight gain, obesity, or any associated health condition, excluding actions alleging: (1) a knowing and willful violation of a Federal or State statute applicable to the manufacturing, marketing, distribution, advertisement, labeling, or sale of food where the violation was a proximate cause of injury related to a person's weight gain, obesity, or related health condition; (2) a breach of express contract or express warranty in connection with the purchase of food; or (3) a violation under the Federal Trade Commission Act or the Federal Food, Drug, and Cosmetic Act. Requires, in any action alleging such a violation of an applicable Federal or State statute or a breach of express contract or express warranty: (1) a stay of discovery during the pendency of any motion to dismiss, unless necessary to preserve evidence or to prevent undue prejudice; and (2) document preservation during the stay. Requires the complaint in an action alleging such a violation of an applicable statute to plead with particularity the Federal and State statutes that were allegedly violated and the facts that are alleged to have proximately caused the injury claimed.
United States · United States Congress · 2 February 2005
Authorizes and requests the President to award the Medal of Honor posthumously to Gary Lee McKiddy of Miamisburg, Ohio, for acts of valor while serving in the U.S. Army during the Vietnam War, notwithstanding otherwise application time limitations.
United States · United States Congress · 2 February 2005
Milk Import Tariff Equity Act - Amends the Harmonized Tariff Schedule of the United States to impose tariff-rate quotas (quantitative import limits) and provide various duty rates on certain casein, caseinates, milk protein concentrate, and other casein derivatives and glues imported into the United States (except imports from Mexico). Authorizes the President to: (1) enter into a trade agreement with a foreign country to grant new concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions; and (2) proclaim any necessary modification or continuance of any existing duty, or continuance of existing duty-free or excise treatment, or any quantitative limitation. Sets forth certain limits on the reduction of duties on such products.
United States · United States Congress · 2 February 2005
Small Business Health Fairness Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for establishment and governance of association health plans (AHPs), which are group health plans whose sponsors are trade, industry, professional, chamber of commerce, or similar business associations, and which meet certain ERISA certification requirements. (Thus, through ERISA preemption of State laws, certified AHPs are exempted from State regulation of health insurance providers, including State consumer protection laws and State requirements for health care benefits to be offered by such entities, with certain exceptions.)
United States · United States Congress · 2 February 2005
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
Amends the Solid Waste Disposal Act to authorize States to enact laws imposing limitations on the receipt and disposal of foreign municipal solid waste. Declares that no State action taken pursuant to such authorization shall be considered to impose an undue burden on, or to otherwise impair, restrain, or discriminate against, interstate and foreign commerce. Lists those materials included and excluded from the definition of municipal solid waste.
United States · United States Congress · 2 February 2005
Amends the Federal Law Enforcement Pay Reform Act of 1990 to revise the special pay adjustments for (percentage differentials payable to) Federal law enforcement officers in specified consolidated metropolitan statistical areas. Includes Capitol Police as law enforcement officers under such Act. Eliminates the limitation on the aggregate of basic pay and premium pay with respect to availability pay for Federal criminal investigators.
United States · United States Congress · 26 January 2005
Honoring Every Requirement of Exemplary Service Act of 2005 or HEROES Act of 2005 - Increases from $12,000 to $100,000 the death gratuity payable to the survivors of members of the Armed Forces who die: (1) as a direct result of armed conflict; (2) while engaged in hazardous service; (3) in the performance of duty under conditions simulating war; (4) through an instrumentality of war; or (5) in an operation or area designated as a combat operation or a combat zone. Requires the Secretary of the military department concerned to pay an additional death gratuity of $238,000 for a member of the Armed Forces who died before the date of enactment of this Act as a direct result of one or more wounds, injuries, or illnesses that were: (1) incurred in the theater of operations of Operation Enduring Freedom or Operation Iraqi Freedom; or (2) as a direct result of armed conflict, while engaged in hazardous service, in the performance of duty under conditions simulating war, or through an instrumentality of war on or after October 7, 2001. Increases the maximum amount of life insurance coverage for a member of the armed forces under servicemembers' group life insurance. Provides for $150,000 additional life insurance with no deductible due from the member for combat-related deaths. Requires spousal approval for a member to elect not to have life insurance coverage or have less than the maximum amount allowable.
United States · United States Congress · 26 January 2005
Driver's License Security and Modernization Act - Prohibits a Federal agency from accepting a State-issued driver's license or identification card unless it includes certain information, including a digital photograph, a common machine-readable technology, and certain anti-fraud physical security features. Prescribes minimum license or identification card issuance standards and other special requirements (including requirements with respect to the issuance of temporary drivers' licenses and identification cards) States must meet. Requires a State, among other things, to require, before issuing a driver's license or other identification card, valid documentary evidence that a person has: (1) U.S. citizenship; (2) lawful permanent residence in the United States; or (3) another specified lawful immigrant or nonimmigrant status. Requires a State, to be eligible for a grant to assist it in conforming to such minimum standards, to participate in the interstate compact, "Driver License Agreement," in order to provide electronic access by a State to information contained in the motor vehicle databases of all other States. Repeals similar requirements contained in the Intelligence Reform and Terrorism Prevention Act of 2004.
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
States that: (1) the Republic of Lebanon is a captive country; (2) the occupation of Lebanon by Syria represents a long-term threat to the security of the Middle East and to U.S. efforts to promote regional political and economic liberalization; and (3) it should be U.S. policy to support human rights and pro-democracy advocates in Lebanon and seek the full restoration of sovereign democratic rule in Lebanon.
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
Solid Waste Interstate Transportation Act of 2005 - Amends the Solid Waste Disposal Act to prohibit a landfill or incinerator (facility) from receiving out-of-State municipal solid waste (MSW) for disposal or incineration unless the waste is received pursuant to a new or existing host community agreement or an exemption from this prohibition (which may be limited by the State). Establishes conditions for exemptions. Authorizes States to establish limits on the amount of out-of-State MSW received annually for disposal at each facility. Sets the limitation amount for any facility that began receiving documented out-of-State waste before enactment of this Act at the amount received during 1993 (or first subsequent year of documentation). Prohibits State limits from conflicting with permits or host community agreements. Authorizes States to require that a permit for a new or expanded facility include an annual limitation of not less than 20 percent on the total quantity of out-of-State MSW relative to the total waste received by the facility. Requires percentage limitations to be uniform and not discriminate against out-of-State MSW according to State of origin. Allows States to limit the amount of out-of-State MSW received annually at each facility to the amount received during 1995 if the State has a comprehensive, statewide recycling program. Prohibits discrimination against shipments of such waste on the basis of State of origin. Authorizes States to require inspectors to be onsite during operation of a facility that receives out-of-State MSW.
United States · United States Congress · 6 January 2005
Iran Freedom Support Act - States that: (1) U.S. sanctions, controls, and regulations relating to weapons of mass destruction with respect to Iran shall remain in effect until the President certifies to the appropriate congressional committees that Iran has permanently and verifiably dismantled its weapons of mass destruction programs and has committed to combating such weapons' proliferation; and (2) such certification shall have no effect on other sanctions relating to Iranian support of international terrorism. Amends the Iran and Libya Sanctions Act of 1996 to: (1) eliminate mandatory sanction provisions respecting Libya; (2) impose mandatory sanctions on a person or entity that aids Iran acquire or develop weapons of mass destruction or destabilizing types and numbers of conventional weapons; (3) revise multilateral regime reporting requirements, including provisions respecting sanctions on individuals aiding Iranian petroleum development; (4) enlarge the scope of sanctionable entities; and (5) eliminate the sunset provision. Authorizes the President to provide financial and political assistance to eligible foreign and domestic individuals and groups that support democracy in Iran and that are opposed to the Government of Iran. Expresses the sense of Congress that: (1) the President should appoint a special assistant on Iranian matters; (2) contacts should be expanded with democratic Iranian opposition groups; and (3) the President should designate at least one such eligible group within 90 days of enactment of this Act.
United States · United States Congress · 6 January 2005
Social Security Protection Act of 2005 - Amends the Congressional Budget Act of 1974 to make it out of order in the House of Representatives or the Senate to consider any bill or joint resolution, or amendment thereto or conference report thereon, that: (1) reduces or has the effect of reducing any current benefits under the old-age, survivors, and disability insurance (OASDI) programs under title II of the Social Security Act; or (2) provides for or has the effect of providing for cost-of-living increases of benefits under OASDI that are less than what would be provided under it as of the day of consideration of the applicable measure.
United States · United States Congress · 4 January 2005
Redesignates the: (1) Department of the Navy as the Department of the Navy and Marine Corps; and (2) Secretary of the Navy as the Secretary of the Navy and Marine Corps. Makes similar redesignations with respect to Department Assistant Secretaries and the General Counsel.
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
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
Job Training Improvement Act of 2005 - Amends the Workforce Investment Act of 1998 (WIA) to revise requirements and reauthorize appropriations for: (1) WIA title I, workforce investment systems for job training and employment services; and (2) WIA title II, adult basic skills and family literacy education programs (renamed as the Adult Basic Skills and Family Literacy Education Act). Directs the Secretary of Labor to implement a national demonstration project on personal reemployment accounts (PRAs), through competitive project grants to States or local boards or consortia to provide PRAs to eligible individuals who are likely to exhaust their unemployment compensation. Revises and reauthorizes workforce investment systems with respect to: (1) State and local planning, allocation, work force investment board membership, and performance accountability; (2) one-stop centers; (3) consolidated funding for adult program activities, including job training, dislocated worker retraining, the employment service system, and reemployment grants; (4) training programs for both out-of-school and in-school youth, including challenge grants; and (5) national job training programs, including the Job Corps and programs for Native Americans, migrant and seasonal farmworkers, and veterans. Exempts religious organizations, with respect to their employment of individuals of a particular religion, from WIA nondiscrimination requirements. Repeals Wagner-Peyser Act provisions relating to the U.S. Employment Service. Revises requirements and reauthorizes appropriations for: (1) vocational rehabilitation services under the Rehabilitation Act of 1973; and (2) the Helen Keller National Center Act.
United States · United States Congress · 4 January 2005
Stop Counterfeiting in Manufactured Goods Act - Modifies Federal criminal code provisions regarding trafficking in counterfeit goods or services to prohibit trafficking in counterfeit marks. Directs the court: (1) upon a determination by a preponderance of the evidence that any article in a defendant's possession bears or is a counterfeit mark, to order the forfeiture and destruction of such article, regardless of whether the defendant is convicted of an offense; and (2) in imposing sentence, to order a person convicted of, or who pleads guilty or nolo contendre to, a violation to forfeit any property derived from proceeds of, or used in the commission of, the violation. Modifies the definition of "counterfeit mark" to include a spurious mark that is applied to, or consists of, a label, patch or medallion. Provides that nothing in this Act shall entitle the United States to bring a criminal cause of action for the repackaging, without deception, of genuine goods or services.
United States · United States Congress · 4 January 2005
Postal Accountability and Enhancement Act - Amends Federal postal service law to direct the Postal Regulatory Commission (PRC) (established by this Act) to establish a modern system for regulating rates and classes for market-dominant products (all first-class mail, special services, periodicals, standard mail, media mail, library mail, and bound printed matter). Directs the Board of Governors of the U.S. Postal Service to establish rates and classes for products in the competitive category of mail (priority mail, expedited mail, mailgrams, international mail, and parcel post). Authorizes the Postal Service to conduct market tests of experimental products. Directs the PRC to establish rules to ensure that workshare discounts (presorting, barcoding, etc.) do not exceed the cost that the Postal Service avoids as the result of private sector workshare activity. Establishes in the Treasury a revolving Postal Service Competitive Products Fund which shall be available to the Postal Service without fiscal year limitation for the payment of: (1) costs attributable to competitive products; and (2) all other costs incurred by the Postal Service, to the extent allocable to competitive products. Requires the Postal Service to: (1) compute its assumed Federal income tax (which would be the taxable income of a corporation) on competitive products income for such year; and (2) transfer from the Competitive Products Fund to the Postal Service Fund the amount of that assumed tax. Prohibits the Postal Service from: (1) establishing anti-competitive rules or regulations; (2) compelling the disclosure, transfer, or licensing of intellectual property to any third party; or (3) obtaining information from a person that provides any product, and then offering any product or service that uses or is based in whole or in part on such information, without the person's consent. Makes the Secretary of State responsible for foreign policy related to international postal services and other international delivery services. Replaces the Postal Rate Commission with the Postal Regulatory Commission. Directs the Postal Service to report to the President, Congress, and: (1) PRC on universal postal service in the United States; and (2) Postal Service Board of Governors on the postal processing and distribution network. Repeals the authority of the Postal Service to impose fines on air carriers transporting mail beyond U.S. borders for unreasonable or unnecessary delays and other delinquencies. Directs the Postal Service to prescribe regulations for the safe transportation of hazardous materials in the mail. Provides civil penalties, plus cleanup costs, for violations. Revises postal pension funding requirements under the Civil Service Retirement System. Establishes the Postal Service Retiree Health Benefits Fund.
United States · United States Congress · 4 January 2005
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.
United States · United States Congress · 4 January 2005
Health Care Freedom of Choice Act - Amends the Internal Revenue Code to allow the tax deduction for medical expenses without the gross income percentage limitation.
United States · United States Congress · 24 September 2004
Identity Management Security Act of 2004 - Prohibits a Federal agency from accepting a State issued driver's license or identification card unless it includes certain data, including a photograph, a common machine-readable technology, and certain anti-fraud physical security features. Prescribes minimum license or identification card issuance standards and other specified practices States must meet. Requires a State, to be eligible for a grant to assist it in conforming to such minimum standards, to participate in the interstate compact, "Driver License Agreement," in order to provide electronic access by a State to information contained in the motor vehicle databases of all other States. Requires the Comptroller General to study and report to Congress on the security of birth certificates and other birth documentation used by States as proof of identity, with recommendations on measures to improve the security of such documentation. Authorizes the Secretary to make grants to States to assist them in eliminating the duplication of birth and death records.
United States · United States Congress · 24 September 2004
9/11 Recommendations Implementation Act - National Security Intelligence Improvement Act of 2004 - Establishes a National Intelligence Director (Director) to, among other things: (1) serve as the head of the intelligence community (IC); (2) act as principal adviser for intelligence matters related to national security; and (3) manage, oversee, and direct the execution of the National Intelligence Program (formerly the National Foreign Intelligence Program). Establishes a National Intelligence Council to produce national intelligence estimates for the U.S. Government and evaluate the collection and production of intelligence by the IC. Establishes a National Counterterrorism Center to: (1) analyze and integrate all U.S. intelligence pertaining to terrorism and counterterrorism; (2) conduct strategic operational planning for counterterrorism activities; and (3) ensure that intelligence agencies have access to and receive all intelligence needed to accomplish their missions. Establishes a: (1) Civil Liberties Protection Officer; and (2) Joint Intelligence Community Council. Authorizes the: (1) Secretary of Defense and the Director to jointly establish a program to advance foreign languages skills in languages critical to the capability of the IC to carry out U.S. national security objectives; and (2) assignment of IC personnel as language students. Requires the Director to conduct a pilot project to establish a Civilian Linguist Reserve Corps. Establishes the National Security Agency Emerging Technologies Panel to advise the Director on the research, development, and application of existing and emerging science and technology advances, advances in encryption, and other topics. Stop Terrorist and Military Hoaxes Act of 2004 - Provides criminal and civil penalties for false information concerning terrorist activities and military hoaxes. Material Support to Terrorism Prohibition Enhancement Act of 2004 - Provides criminal penalties for: (1) receiving military-type training from a foreign terrorist organization; and (2) providing material support to terrorism. Weapons of Mass Destruction Prohibition Improvement Act of 2004 - Expands the jurisdictional bases and scope of the prohibition against weapons of mass destruction (WMDs). Includes chemical weapons within the definition of WMDs. Provides criminal liability for participation in nuclear and WMD threats against the United States. Money Laundering Abatement and Financial Antiterrorism Technical Corrections Act of 2004 - Provides additional funding to combat crimes involving terrorist financing. Criminal History Access Means Protection of Infrastructures and Our Nation - Requires the Attorney General to establish and maintain criminal history information checks for use by employers. Provides for the use of biometric technology in airport access control systems. Directs the Secretary of Homeland Security to prepare and update a transportation security strategic plan for defending aviation assets. Provides for: (1) next-generation airline passenger screening systems; (2) the deployment and use of explosive detection equipment at airport screening checkpoints; and (3) a pilot program to evaluate the use of blast-resistant cargo and baggage containers. Requires the Director of the Federal Bureau of Investigation (FBI) to establish a: (1) comprehensive intelligence program for FBI intelligence analysts and intelligence production, sources, and operations; and (2) national security workforce of agents, analysts, linguists, and surveillance specialists. Increases the number of full-time border patrol agents and immigration and customs enforcement investigators. Provides: (1) for expedited deportation of alien terrorists and supporters of terrorism; (2) minimum documentation requirements and issuance standards, for Federal recognition purposes, for driver's licenses, identification cards, and birth certificates; and (3) measures to enhance the privacy and integrity of social security numbers. Establishes within the State Department an Office of Visa and Passport Security. Requires specified reports concerning terrorist sanctuaries, including a priority list of countries providing such sanctuaries. Afghanistan Freedom Support Act Amendments of 2004 - Provides for the coordination of assistance to Afghanistan for various freedom support activities, and requires a long-term U.S. strategy with respect to such country. Authorizes assistance for counternarcotics efforts in Afghanistan. Outlines provisions concerning appropriate U.S. relations with Saudi Arabia and Pakistan. Requires the President to pursue international diplomatic and cooperative efforts to limit the availability, proliferation, and transfer of man-portable air defense systems (MANPADS) (individual-fired surface-to-air missiles). Commends the use of multilateral organizations for fighting terrorist financing. Establishes an International Terrorist Finance Coordinating Council. Faster and Smarter Funding for First Responders Act of 2004 - Authorizes grants to improve first responder capabilities and to establish essential capabilities for emergency preparedness. Provides for congressional oversight over the Department of Homeland Security. Establishes an Office of Counternarcotics Enforcement. Requires public financial disclosure with respect to certain IC employees. Authorizes the FBI Director to establish an FBI Reserve Service for the temporary reemployment of former FBI employees during periods of emergencies. Revises security clearance requirements and procedures. Federal Agency Protection of Privacy Act of 2004 - Requires Federal agency rulemakings to take into consideration rule impacts on individual privacy. Requires the establishment of chief privacy officers for agencies with law enforcement or antiterrorism functions. Mutual Aid and Litigation Management Authorization Act of 2004 - Authorizes: (1) mutual aid agreements for utilities and services support during an emergency or public service event; and (2) litigation management agreements for limiting legal action against emergency response providers. Calls for adoption of the National Incident Management System. Expresses the sense of Congress that the Secretary of Defense should regularly assess the adequacy of the United States Northern Command to respond to all military and paramilitary threats within the United States.
United States · United States Congress · 23 September 2004
Constitutional Amendment - Marriage Protection Amendment - Declares that marriage in the United States shall consist only of the union of a man and a woman. Prohibits the Constitution or any State constitution from being construed to require that marital status or its legal incidents be conferred upon any union other than that of a man and a woman.
United States · United States Congress · 14 September 2004
Recognizes that National POW/MIA Recognition Day is one of the six days specified by law as a day on which the POW/MIA flag is to be flown over specified Federal facilities and national cemeteries, military installations, and post offices. Extends the gratitude of the House of Representatives and the Nation to those who have served their nation in captivity to hostile forces as prisoners of war. Recognizes and honors the more than 88,000 members of the U.S. Armed Forces who remain unaccounted for and their families. Recognizes the untiring efforts of national POW/MIA organizations to ensuring that America never forgets the contribution of the Nation's prisoners of war and unaccounted for military personnel.
United States · United States Congress · 8 September 2004
States that the House of Representatives: (1) deplores the series of terrorist attacks against the Russian Federation that occurred in August and September 2004; (2) expresses its condolences to the families of the victims and conveys its hope for the recovery of the injured; and (3) stands in solidarity with the Russian people in efforts to combat terrorism.
United States · United States Congress · 22 July 2004
Municipal Solid Waste Responsibility Act of 2004 - Amends the Solid Waste Disposal Act to prohibit a landfill or incinerator (facility) from receiving out-of-State municipal solid waste unless the owner or operator of the facility obtains explicit authorization from the affected local government. Directs affected local governments, prior to taking formal action on a request for such authorization, to: (1) notify the Governor, contiguous local governments, and any contiguous Indian tribes; and (2) provide public notice and an opportunity for comment. Creates exceptions to the authorization requirement for owners or operators who held certain authorizations prior to enactment of this Act, where the facility received shipments of out-of-State municipal solid waste during 1993, or where the waste was generated within the bi-State metropolitan statistical area in which the facility is located. Authorizes States to: (1) limit the amount of out-of-State municipal solid waste received annually by facilities; (2) impose cost recovery surcharges on the combustion or disposal of such waste; and (3) enact laws imposing limitations on the receipt and disposal of foreign municipal solid waste. Prohibits persons from importing, transporting, or exporting municipal solid waste for final disposal or incineration in violation of the Agreement Between the Government of the United States of America and the Government of Canada Concerning the Transboundary Movement of Hazardous Waste. Requires the Administrator of the Environmental Protection Agency to conduct studies and develop recommendations concerning the benefits of alternatives to open field disposal of agricultural solid wastes (including biomass).
United States · United States Congress · 22 July 2004
Recognizes the 130th anniversary of the creation in 1874 of life-saving stations on the Great Lakes, which became part of the United States Life-Saving Service. Commends the Service's personnel whose efforts saved lives and property on the Great Lakes. Acknowledges Sumner Increase Kimball, the Chief of the Revenue Marine Division of the Department of the Treasury who recommended the establishment of stations on the Great Lakes, for his foresight in the field of marine safety and commitment to maritime safety on the Great Lakes.
United States · United States Congress · 21 July 2004
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.
![Official portrait of Rep. Miller, Candice S. [R-MI-10]](https://www.congress.gov/img/member/m001150_200.jpg)