United States · United States Congress · 16 March 2005
Calls on Turkey to: (1) demonstrate that it is willing to abide by European Union (EU) laws; (2) eliminate all forms of discrimination, particularly those based on race or religion, and grant the Ecumenical Patriarch appropriate international recognition and ecclesiastic succession; and (3) safeguard religious and human rights. Encourages Turkey to continue the advancement of processes and programs to modernize and democratize its own society.
United States · United States Congress · 15 March 2005
Amends the Defense Base Closure and Realignment Act of 1990 to require 2005 base closure and realignment actions to strictly adhere to requirements for the maintenance of Government-owned and operated depot-level maintenance, repair, and logistics capabilities within the Department of Defense. Prohibits waivers from such adherence.
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
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 · 14 March 2005
District of Columbia Personal Protection Act - Amends specified law prohibiting the killing of wild birds and wild animals in the District of Columbia to declare that nothing in it or any other provision of law shall authorize or be construed to permit the Council, the Mayor, or any governmental or regulatory authority of the District to prohibit, constructively prohibit, or unduly burden the ability of persons otherwise not prohibited from possessing firearms under Federal law from acquiring, possessing in their homes or businesses, or using for sporting, self-protection or other lawful purposes, any firearm neither prohibited by Federal law nor subject to the National Firearms Act. Denies the District any authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms. Amends the Firearms Control Regulations Act of 1975 to repeal the definition of a machine gun as any firearm which shoots, is designed to shoot, or can be readily converted or restored to shoot semiautomatically, more than 12 shots without manual reloading. (Thus repeals the ban on semiautomatic weapons.) Redefines "machine gun" to include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person. Repeals the District's: (1) registration requirement for possession of firearms; (2) prohibition on possession of handgun restricted pistol bullets; and (3) requirement that, under certain conditions, firearms in the possession of certain individuals must be kept unloaded, disassembled, or with the trigger locked. Repeals the definition of restricted pistol bullet as any bullet designed for use in a pistol which, when fired from a pistol with a barrel of five inches or less in length, is capable of penetrating commercially available body armor with a penetration resistance equal to or greater than that of 18 layers of kevlar. Maintains the current ban on the possession and control of a sawed-off shotgun, machine gun, or short-barreled rifle. Eliminates criminal penalties for possessing an unregistered firearm. Amends Federal law to eliminate criminal penalties for carrying a pistol whether loaded or unloaded in one's dwelling house, place of business, or on land possessed by such person. Amends the District of Columbia Code to extend to firearms generally (currently, only to pistols) the prohibition against carrying such a weapon either openly or concealed within the District without a license issued pursuant to D.C. law. Specifies exceptions to the prohibition against carrying concealed weapons in the District.
United States · United States Congress · 14 March 2005
Graduation Really Achieves Dreams Act - GRAD Act - Authorizes the Secretary of Education to award a grant to Project GRAD USA, a nonprofit educational organization for improving high school graduation and college attendance and completion rates for disadvantaged students, to provide technical assistance and support through subgrants to existing and new programs that implement a set of integrated education reform services. Requires the grantee to select only subgrantees that serve a substantial number or percentage of low-income students. Requires the programs to identify one or more groups of public schools at which services will be provided through a feeder pattern through which elementary and secondary schools channel students having participated in program services into an identified high school. Requires program services to include: (1) research-based programs in reading, mathematics, and classroom management; (2) campus-based social services programs, including increasing family and community involvement in schools; (3) a college access program, including providing college scholarships for students who meet established criteria, increasing student and family college awareness, and assisting students to apply for college financial aid; and (4) other services the grantee identifies as necessary.
United States · United States Congress · 10 March 2005
Gynecologic Cancer Education and Awareness Act of 2005 or Johanna's Law - Directs the Secretary of Health and Human Services to carry out a national campaign to increase the awareness and knowledge of women with respect to gynecologic cancers, which shall include: (1) maintaining a supply of written materials to provide information to the public on gynecologic cancers; and (2) developing and placing public service announcements to encourage women to discuss their risks of gynecologic cancers with their physicians. Requires the Secretary to award grants to nonprofit private entities to test different outreach and education strategies for increasing such awareness among women and health professionals.
United States · United States Congress · 10 March 2005
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
Genetic Information Nondiscrimination Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act to expand the prohibition against discrimination by group health plans and health insurance issuers in the group and individual markets on the basis of genetic information or services to prohibit: (1) enrollment and premium discrimination based on information about a request for or receipt of genetic services; and (2) requiring genetic testing. Sets forth penalties for violations. Amends title XVIII (Medicare) of the Social Security Act to prohibit issuers of Medicare supplemental policies from discriminating on the basis of genetic information. Extends medical privacy and confidentiality rules to the disclosure of genetic information. Makes it an unlawful employment practice for an employer, employment agency, labor organization, or training program to discriminate against an individual or deprive such individual of employment opportunities because of genetic information. Prohibits the collection and disclosure of genetic information, with certain exceptions. Establishes a Genetic Nondiscrimination Study Commission to review the developing science of genetics and advise Congress on the advisability of providing for a disparate impact cause of action under this Act.
United States · United States Congress · 10 March 2005
Children's Hospitals Education Equity and Research (CHEER) Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to make payments through FY 2010 (currently, through FY 2005) to children's hospitals for expenses associated with operating approved graduate medical residency training programs. Excludes reductions for unused resident positions when calculating the number of full-time residents in a children's hospital's approved training program for purposes of reimbursing direct expenses. Requires the Secretary to adjust the proportion of such a hospital's costs attributable to wages for differences in hospital wage levels by geographic area. Authorizes appropriations through FY 2010 for direct and indirect expenses associated with operating such programs. Requires that funds appropriated for such programs for a fiscal year remain available for obligation through the end of the succeeding fiscal year. Limits the ability to recoup funds unless a demand for recoupment is made by the end of the fiscal year. Sets forth an appeals procedure and limitations on retroactivity for decisions affecting the amount of payments to a hospital for such programs.
United States · United States Congress · 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
Requires the Secretary of Homeland Security to: (1) ensure that Department of Homeland Security personnel along the U.S.-Mexico border have the security clearances required to access information to adequately screen entering immigrants; (2) develop the interagency agreements and information technology infrastructure necessary for such screening; (3) explore information sharing programs with countries of interest; and (4) increase by the amount necessary the number of detention beds needed to detain all immigrants apprehended by U.S. Customs and Border Protection (CBP). Expresses the sense of Congress that the Office of Detention and Removal Operations should be placed under the operational control of the Commissioner of CBP (currently, under U.S. Immigration and Customs Enforcement). Requires the Secretary to: (1) contract with an independent entity to study the necessary level and allocation of personnel at U.S. ports of entry and border patrol sectors; (2) provide ongoing training for all border security personnel; and (3) submit a report on detention and removal operations and a unified, comprehensive border security strategy to appropriate congressional committees. Expresses the sense of Congress that: (1) prosecutors and immigration judges are critical for the prompt and proper enforcement of immigration laws and are an important part of a comprehensive strategy; and (2) there is an insufficient number of prosecutors and immigration judges for immigration enforcement. Authorizes appropriations for staff increases.
United States · United States Congress · 9 March 2005
Condemns the ongoing abductions and murders of young women in Ciudad Juarez and Chihuahua City, Mexico, and expresses condolences to the victims' families. Urges the President and Secretary of State to: (1) incorporate the investigative efforts of the Mexican Government in the bilateral Mexico-U.S. agenda; and (2) continue to support the efforts of the victims' families to seek justice. Encourages the Secretary to: (1) include in the annual Country Report on Human Rights all instances of improper investigatory methods, threats against human rights activists, and the use of torture with respect to such cases; (2) urge the Government of Mexico and the State of Chihuahua to review the cases of murdered women in which the accused or convicted have credibly alleged they were tortured or forced by a state agent to confess; and (3) urge the Government of Mexico to ensure fair judicial proceedings. Supports the work of the special commissioner to prevent violence against women in Ciudad Juarez and Chihuahua City. Expresses the solidarity of the people of the United States with the people of Mexico in the face of these tragic acts.
United States · United States Congress · 8 March 2005
Software Accuracy and Fraud Evaluation Rating Act or the SAFE Rating Act - Requires the Federal Trade Commission (FTC) to study the video and computer game rating system of the Entertainment Software Rating Board that was adopted by the video game industry to determine if that system: (1) accurately characterizes video game content; or (2) constitutes an unfair or deceptive act or practice affecting parents and other consumers in making purchasing decisions. Requires the FTC, if such rating system is determined to constitute an unfair or deceptive act or practice, to conduct a hearing and issue and serve a complaint against any persons, partnerships, or corporations that have used or are using such system.
United States · United States Congress · 8 March 2005
Incapacitated Persons Legal Protection Act of 2005 - Amends the Federal judicial code to extend habeas corpus protections to persons who are subject to a court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain the person's life. Deems persons having custody in such cases to encompass parties so authorized or directed. States that there shall be no requirement to produce the body of the incapacitated person at the hearing. Exempts from this Act those cases in which the incapacitated person indisputably executed a written advance directive while having capacity that clearly authorized the withholding or withdrawal of food, fluids, or necessary medical treatment. Defines "incapacitated person" to mean an individual presently incapable of making relevant decisions concerning the provision, withholding, or withdrawal of food, fluids, or medical treatment under applicable State law.
United States · United States Congress · 3 March 2005
Designates the facility of the United States Postal Service located at 151 West End Street in Goliad, Texas, as the "Judge Emilio Vargas Post Office Building."
United States · United States Congress · 3 March 2005
Liver Research Enhancement Act of 2005 - Amends the Public Health Service Act to establish the National Center on Liver Disease Research in the National Institute of Diabetes and Digestive and Kidney Diseases to ensure the development of increased understanding of, and better treatments and cures for, liver diseases. Requires the Director of the National Institutes of Health (NIH) to establish the Liver Disease Research Advisory Board to: (1) advise and assist the Director of the Center concerning matters relating to liver disease research; and (2) develop the Liver Disease Research Action Plan to identify scientific opportunities and priorities of liver disease research. Requires the Director of each institute or center within NIH to allocate for liver disease research amounts necessary to: (1) fund existing scientific research opportunities; and (2) carry out the recommendations of the Plan.
United States · United States Congress · 2 March 2005
Condemns the arrest of more than 75 journalists, labor union organizers, civic leaders, librarians, and human rights activists as political prisoners in March 2003, and the Cuban regime's continuing crackdown against the internal opposition and the independent press. Demands that the Cuban regime release all political prisoners, legalize all political parties, labor unions, and the press, and hold free elections. Declares that the acts of the Cuban regime, including its widespread and systematic violation of human rights, violate the United Nations (UN) Charter and the Universal Declaration of Human Rights, and that the rule of law should replace the rule of force in Cuba. Calls for: (1) the European Union (EU), as well as other countries and international organizations, to pressure the Cuban regime to improve its human rights record; and (2) UN member countries to vote against the Cuban regime's membership in the UN Commission on Human Rights, and for passage of a Commission resolution that holds the Cuban regime accountable for its gross violations of human rights and civil liberties.
United States · United States Congress · 1 March 2005
Designates the facility of the United States Postal Service located at 301 South Heatherwilde Boulevard in Pflugerville, Texas, as the "Sergeant Byron W. Norwood Post Office Building."
United States · United States Congress · 1 March 2005
Amends the Internal Revenue Code to permit: (1) Federal civilian and military retirees to pay Federal Employees Health Benefits Program (FEHBP) and TRICARE supplemental premiums on a pretax basis (i.e., exclude premiums from gross income); and (2) a tax deduction (available to itemizers and nonitemizers) for TRICARE supplemental premiums or enrollment fees. Directs the Director of the Office of Personnel Management (OPM) and the Secretary of Defense to ensure that the option of paying FEHBP and TRICARE supplemental premiums on a pretax basis is available to Federal civilian and military retirees for the first open enrollment period beginning not less than 90 days after the enactment of this Act.
United States · United States Congress · 1 March 2005
Law Enforcement Officers Equity Act - Redefines the term "law enforcement officer" under provisions of the Federal Employees Retirement System (FERS) and the Civil Service Retirement System (CSRS) to include: (1) Federal employees not otherwise covered by such term whose duties include the investigation or apprehension of suspected or convicted individuals and who are authorized to carry a firearm; and (2) such employees of the Internal Revenue Service whose duties are primarily the collection of delinquent taxes and the securing of delinquent returns. Requires that such service which is performed by an incumbent law enforcement officer be treated: (1) on or after the enactment date of this Act, for all purposes, as service performed as a law enforcement officer, irrespective of how such service is treated under the following; and (2) before, on, or after such date, for purposes of CSRS and FERS, as service performed as such an officer, but only if an appropriate written election is submitted to the Office of Personnel Management five years after such date or before separation from Government service, whichever is earlier. Provides that nothing under current law respecting mandatory separation from Government service under CSRS or FERS shall cause the involuntary separation of an officer before the end of the three-year period beginning on such date.
United States · United States Congress · 1 March 2005
Amends rule XI (Procedures of Committees and Unfinished Business) of the Rules of the House of Representatives to revise the procedures of the Committee on Standards of Official Conduct. Repeals the requirement that a complaint be dismissed if an investigative subcommittee has not been established within 45 days after the complaint is filed (Automatic Dismissal Rule). Requires the committee to establish an investigative subcommittee if a complaint is not disposed of within the 45 days (or a 45-day extension). Subjects to such (automatic) subcommittee establishment rule the current related requirement that an investigative committee be established only by an affirmative of the majority of the committee members, if at any time during the applicable time period either the committee chairman or ranking member places on the agenda the issue of whether to establish such an investigative subcommittee. Requires the Committee to establish an "investigative" instead of "adjudicatory" subcommittee when requested by a Member, officer, or employee of the House, contesting the contents of a written complaint. (Thus repeals the right of a Member, officer, or employee to demand an immediate trial by an adjudicatory committee within the initial 45-day period, before a case has been adequately prepared.) Revises the right to counsel of a respondent or witness. Strikes provisions allowing a respondent or witness appearing before the investigative subcommittee or investigative hearing to obtain counsel of his or her choice, even if such counsel represents another respondent or witness. (Thus allows the committee to adopt a rule that prohibits a counsel from representing more than one respondent or witness.)
United States · United States Congress · 1 March 2005
Recognizes the accomplishments and example of Cesar E. Chavez, founder of the National Farm Workers of America. Calls for: (1) establishment of a legal public holiday in his honor; and (2) public schools to provide classroom instruction on his life and work.
United States · United States Congress · 17 February 2005
Stroke Treatment and Ongoing Prevention Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to carry out a national education campaign to promote stroke prevention and increase the number of stroke patients who seek immediate treatment. Requires the Secretary, acting through the Centers for Disease Control (CDC), to maintain the Paul Coverdell National Acute Stroke Registry and Clearinghouse by collecting specific data points and benchmarks for stroke care analysis and by compiling and disseminating information on State, local, and private care system achievements and problems. Defines "stroke" as an attack in which blood flow to the brain is interrupted or in which a blood vessel or aneurysm in the brain breaks or ruptures. Includes stroke and traumatic injury prevention, diagnosis, and treatment within the grant program for emergency medicine residency training. Authorizes the Secretary, through the Administrator of the Health Resources and Services Administration (HRSA), to make grants to qualified entities for education programs for health care professionals in the use of diagnostic approaches, technologies, and therapies for stroke and traumatic injury prevention, diagnosis, treatment, and rehabilitation. Gives preference to qualified entities that will train professionals that serve areas with a significant incidence of stroke or traumatic injuries. Authorizes the Secretary, through the Director of the Office for the Advancement of Telehealth, to make up to seven grants to States and to consortia of public and private entities in any non-grantee State to conduct a five-year pilot project to improve stroke patient outcomes by coordinating health care through telehealth networks.
United States · United States Congress · 17 February 2005
Trafficking Victims Protection Reauthorization Act of 2005 - Amends the Trafficking Victims Protection Act of 2000 to direct The United States Agency for International Development (USAID), the Department of State, and the Department of Defense (DOD) to incorporate anti-trafficking and protection measures for vulnerable populations, particularly women and children, into their post-conflict and humanitarian emergency assistance and program activities. Amends the Violent Crime Control and Law Enforcement Act of 1994 to extend the sexually violent offender registration program to foreign offenses. Amends the Homeland Security Act of 2002 to authorize the Director of the Office of Refugee Resettlement to appoint a guardian ad litem for an unaccompanied alien child if the Director believes such child to be a victim of a severe form of trafficking in persons. Amends the Trafficking Victims Protection Act of 2000 to: (1) provide victims of severe forms of trafficking with access to counsel; and (2) enhance specified U.S. efforts to combat trafficking in persons, including prevention of such activities by international peacekeepers. Directs USAID to carry out a pilot program to establish foreign residential treatment facilities for victims of trafficking. Amends Federal criminal law to establish extraterritorial jurisdiction over Federal contractors. Amends the Uniform Code of Military Justice (UCMJ) to establish crimes of: (1) sex trafficking; and (2) trafficking for labor or services. Directs the Secretary of Defense to designate a director of anti-trafficking policies within DOD. Directs the Federal Bureau of Investigation (FBI) to investigate acts of: (1) severe forms of trafficking in persons other than domestic trafficking in persons; and (2) domestic trafficking in persons. Directs the Secretary of Labor, through the Bureau of International Labor Affairs of the Department of Labor, to carry out specified activities to monitor and combat forced labor and child labor in foreign countries. Directs the Secretary of Health and Human Services (HHS) to: (1) develop a program to reduce demand for commercial sex acts; and (2) carry out a pilot program to establish U.S. residential treatment facilities for minor victims of domestic trafficking. Authorizes the Secretary of HHS to make grants to States, Indian tribes, units of local government, and nonprofit, nongovernmental victims' service organizations for programs for victims of domestic trafficking. Authorizes the Attorney General to make grants to States and local law enforcement agencies for programs to investigate and prosecute domestic trafficking in persons. Amends the Trafficking Victims Protection Act of 2000 to authorize appropriations for specified activities and programs under such Act.
United States · United States Congress · 17 February 2005
Women's Health Office Act of 2005 - Amends the Public Health Service Act, the Social Security Act, and the Federal Food, Drug, and Cosmetic Act to require the establishment of separate Offices on Women's Health within the Office of the Secretary of Health and Human Services (HHS), the Office of the Director of the Centers for Disease Control and Prevention (CDC), the Office of the Administrator of the Health Resources and Services Administration (HRSA), and the Office of the Commissioner of the Food and Drug Administration (FDA) to carry out specified activities relating to the health of women. Directs the lead officers of each Office of Women's Health to establish goals, provide information, serve as a consultant, and establish a Coordinating Committee on Women's Health within their respective agencies. Requires the Director of the Agency of Healthcare Research and Quality (AHRQ) to designate an official of the Office of Priority Populations to carry out similar responsibilities relating to women's health. Requires the Secretary, acting through the Office of Women's Health, to establish a National Women's Health Information Center to facilitate the exchange of information, access to such information, and the analysis of issues and problems relating to women's health. Transfers the functions of the Office on Women's Health of the Public Health Service to the Office of Women's Health within HHS.
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
Annie Fox Act - Amends the Public Health Service Act to require the Director of the National Institute of Environmental Health Sciences to expand, intensify, and coordinate Institute activities regarding breast cancer in younger women, including the conduct and support of: (1) basic and clinical research on the causes, prevention, detection, treatment, and long-term effects of breast cancer in young women; and (2) information and education programs for health professionals and the public.
United States · United States Congress · 16 February 2005
Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior, in cooperation with the Brownsville Public Utility Board, to participate in the design, planning, and construction of facilities to reclaim, reuse, and treat impaired water in the Brownsville, Texas, area.
United States · United States Congress · 15 February 2005
Protection of Lawful Commerce in Arms Act - Prohibits a qualified civil liability action from being brought in any state or federal court against a manufacturer or seller of a firearm, ammunition, or a component of a firearm that has been shipped or transported in interstate or foreign commerce (or against a trade association of such manufacturers or sellers) for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of a firearm. Requires pending actions to be dismissed. Excludes actions: (1) brought against a person who has been convicted of transferring a firearm knowing that it would be used to commit a crime of violence or a drug trafficking crime, by a party directly harmed by such crime; (2) brought against a seller for negligent entrustment or negligence per se; (3) in which a manufacturer or seller of a firearm knowingly violated a state or federal statute applicable to the sale or marketing of the firearm, if the violation was a proximate cause of the harm for which relief is sought; (4) for breach of contract or warranty in connection with the purchase of the firearm; or (5) for death, physical injuries, or property damage resulting directly from a defect in design or manufacture of the firearm when used as intended or in a reasonably foreseeable manner, except that if the discharge was caused by a volitional act that constituted a criminal offense, such act shall be considered the sole proximate cause of any resulting death, personal injury, or property damage.
United States · United States Congress · 15 February 2005
Military Surviving Spouses Equity Act - Repeals, as of the later of October 1, 2005, or the date of enactment of this Act, certain provisions which require the offset of amounts paid in dependency and indemnity compensation from Survivor Benefit Plan (SBP) annuities for the surviving spouses of former military personnel who are entitled to military pay or who would be entitled to retired pay except for being under 60 years of age. Provides for the recoupment of certain amounts previously paid to SBP recipients in the form of a retired pay refund.
United States · United States Congress · 15 February 2005
Screening Abdominal Aortic Aneurysms Very Efficiently (SAAAVE) Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of ultrasound screening for abdominal aortic aneurysms. Directs the Secretary of Health and Human Services to carry out a national education and information campaign to promote awareness among health care practitioners and the general public with respect to the importance of early detection and treatment of abdominal aortic aneurysms.
United States · United States Congress · 14 February 2005
Safe Nursing and Patient Care Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to place limitations on mandatory overtime for nurses, prohibit retaliation against them in any manner with respect to any aspect of employment, and establish civil money penalties for violations of this Act. Directs the Secretary of Health and Human Services to study and report to Congress on standards to establish for the maximum number of hours that a nurse may work without compromising the safety of patients. Requires the Director of the Office of Management and Budget to study and report to Congress on the extent to which federally operated medical facilities have in effect practices and policies for overtime requirements for nurses that are inconsistent with the requirements added by this Act.
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
Next Generation Hispanic-Serving Institutions Act - Amends the Higher Education Act of 1965 to revise requirements for Hispanic-serving institutions (HSIs) under title V (Developing Institutions). Establishes a program of competitive grants to eligible HSIs that offer postbaccalaureate certifications or degrees (part B grants). Limits a part B grant award's duration to not more than five years. Prohibits the Secretary of Education from awarding more than one part B grant to an HSI in any one fiscal year. Authorizes appropriations for: (1) the current part A program of grants to HSIs that offer baccalaureate degrees or are junior or community colleges; and (2) the new part B program of grants to HSIs that offer postbaccalaureate certifications or degrees. Eliminates the requirement that an eligible HSI provide assurances that at least 50 percent of its Hispanic students are low-income students. Includes, among authorized activities under part A grants, articulation agreements and student support programs to help transfers from two-year to four-year institutions. Eliminates the two-year wait-out period between any two five-year part A grants to an HSI.
United States · United States Congress · 10 February 2005
Medicare Prescription Drug Savings and Choice Act of 2005 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to: (1) offer one or more Medicare operated prescription drug plans nationally that offer qualified prescription drug coverage and access to negotiated prices, while allowing the plan to offer supplemental prescription drug coverage in the same manner as other qualified prescription drug coverage offered by other prescription drug plans; and (2) enter into negotiations with pharmaceutical manufacturers to reduce the purchase cost of covered Medicare part D drugs for eligible part D individuals, and encourage the use of more affordable therapeutic equivalents. Requires the monthly beneficiary premium charged under such a plan to be uniform nationally. Makes the premium for months in 2006 $35. Bases the premium for months in succeeding years on the average monthly per capita actuarial cost of offering the Medicare operated prescription drug plan for the year involved, including administrative expenses. Allows for adjustment of such premium amount in case of supplemental prescription drug coverage.
United States · United States Congress · 9 February 2005
Recognizes Archbishop Patrick Flores for: (1) his leadership in improving the opportunities of Hispanics in the United States; (2) his 34 years of service as bishop serving the diverse and growing needs of the Archdiocese of San Antonio; and (3) his life of public service in the causes of civil rights, health, and education for all Americans.
United States · United States Congress · 8 February 2005
Honors and recognizes the achievements of Emmitt Smith in giving back to his community, promoting excellence, breaking barriers, and showing that football is a sport for all people. Urges all Americans to recognize the contributions to American society made by Emmitt Smith through his achievements and community involvement.
United States · United States Congress · 2 February 2005
Voter Confidence and Increased Accessibility Act of 2005 - Amends the Help America Vote Act of 2002 with respect to: (1) voter verification and mandatory paper record audit capacity; and (2) accessibility and voter verification of results for individuals with disabilities. Requires the Election Assistance Commission to study, test, and develop best practices to enhance the accessibility of voter-verification mechanisms for individuals with disabilities and for voters whose primary language is not English, including best practices for the mechanisms themselves and the process through which the mechanisms are used. Outlines additional voting system requirements. Requires laboratories to meet standards prohibiting conflicts of interest as a condition of accreditation for the testing of voting system hardware and software. Provides for the filing of complaints by aggrieved persons with the Attorney General. Extends the authorization of Election Assistance Commission permanently. Makes available additional funding to enable States to meet the costs of the requirements imposed by this Act. Directs the Election Assistance Commission to conduct random, unannounced, hand counts of the voter-verified records for each Federal general election in at least two percent of the precincts in each State. Requires Federal certification of the technological security of voter registration lists.
United States · United States Congress · 2 February 2005
Keep Our Promise to America's Military Retirees Act - Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to provide Federal Employees Health Benefits (FEHB) coverage to the following eligible beneficiaries: (1) a member or former member of the Armed Forces entitled to military retired or retainer pay; (2) an unremarried former spouse who was married to a member for at least 20 years, during which such member performed at least 20 years of retirement-creditable military service; (3) a dependent of a deceased qualifying member or former member; (4) a dependent of a living member or former member; and (5) a family member. Directs the Secretary to reimburse such eligible persons for pharmacy benefits received from a pharmacy that is not a TRICARE (Department of Defense managed health care plan) network pharmacy in the same manner as the Secretary would reimburse such person for such benefits received from a TRICARE network pharmacy. Requires such persons, in order to receive such reimbursement, to submit a certification from their physician stating that the person does not have access to a TRICARE network pharmacy due to physical or medical constraints. Amends title XVIII (Medicare) of the Social Security Act to waive the monthly part B premium (Supplementary Medical Insurance Benefits for the Aged and Disabled) with respect to: (1) an individual who is entitled to military retired or retainer pay based upon service that began before December 7, 1956; and (2) the spouse, widow, or widower of such individuals.
United States · United States Congress · 2 February 2005
Secure Rural Schools and Community Self-Determination Reauthorization Act of 2005 - Amends the Secure Rural Schools and Community Self-Determination Act of 2000 to extend the Act through FY2013. Revises requirements regarding the merchantable material contracting pilot program. Requires counties participating in county projects to submit a specified notification for each project for which the participating county obligated county funds. Provides for the review of such notifications.
United States · United States Congress · 2 February 2005
Assured Funding for Veterans Health Care Act of 2005 - Requires the Secretary of the Treasury to make available to the Secretary of Veterans Affairs for programs, functions, and activities of the Veterans Health Administration for FY 2007 130 percent of the amount obligated during FY 2005. Adjusts the amount provided for fiscal years after FY 2007 based on the number of enrolled veterans and the number of other persons eligible but not enrolled who are provided care, multiplied by the per capital baseline amount for FY 2005, as increased by the percentage increase in the Consumer Price Index. Prohibits the availability of such funds for: (1) construction, acquisition, or alteration of veterans' medical facilities (other than for repairs provided for before the date of enactment of this Act); or (2) grants for the construction of State home facilities for the furnishing of veterans' domiciliary, nursing home, and hospital care.
United States · United States Congress · 2 February 2005
Graduation for All Act - Authorizes the Secretary of Education to establish a program that will provide grants to State educational agencies (SEAs) and, through them, subgrants to local educational agencies (LEAs) to establish reading and writing programs to improve overall reading and writing performance among middle and high school students. Limits eligibility for subgrants to LEAs in a State that are among those that have the lowest graduation rates for public secondary school students. Includes among required uses of LEA subgrant funds: (1) hiring and inservice training of literacy coaches; (2) counseling for at-risk students; and (3) professional development for educators that addresses literacy needs of certain student groups. Amends the Elementary and Secondary Education Act of 1965 to include public secondary school graduation rates for all students under requirements for: (1) accountability for adequate yearly progress; and (2) annual State report cards. Amends the Adult Education and Family Literacy Act to require annual reports on the number participants who are 16, 17, or 18 years of age in certain programs and services, disaggregated by certain attributes.
United States · United States Congress · 2 February 2005
State Criminal Alien Assistance Program Reauthorization Act of 2005 - Amends the Immigration and Nationality Act to authorize specified appropriations through FY 2011 for the State Criminal Alien Assistance Program.
United States · United States Congress · 2 February 2005
Permanent Sales Tax Deduction Act of 2005 - Amends the Internal Revenue Code to make provisions authorizing a taxpayer election to deduct State and local sales taxes in lieu of State and local income taxes permanent.
United States · United States Congress · 1 February 2005
Designates the U.S. courthouse at the corner of Seventh Street and East Jackson Street in Brownsville, Texas, as the "Reynaldo G. Garza and Filemon B. Vela United States Courthouse."
United States · United States Congress · 1 February 2005
Men's Health Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish within the Department of Health and Human Services (HHS) the Office of Men's Health to coordinate and promote the status of men's health in the United States.
![Official portrait of Rep. Ortiz, Solomon P. [D-TX-27]](https://www.congress.gov/img/member/o000107_200.jpg)