United States · United States Congress · 3 May 2005
Railroad Competition Improvement and Reauthorization Act of 2005 - Amends federal transportation law to specify the primary objectives of U.S. rail transportation policy. Requires a rail carrier, upon shipper request, to establish a rate for transportation and provide requested service between any two points on the carrier's system where traffic originates, terminates, or may reasonably be interchanged. Prohibits the Surface Transportation Board (STB) from issuing a certificate authorizing construction and operation of railroad lines, or exempting a person, class of persons, or a transaction or service from the certificate requirement, if such an activity involves a transfer of interest in a line of railroad from a Class I rail carrier to a Class II or III rail carrier, and the activity directly or indirectly would restrict: (1) the ability of the Class II or Class III rail carrier to interchange traffic with other carriers; or (2) competition of rail carriers in the region affected by the activity in a manner that would violate federal antitrust laws. Prescribes a procedure for shipper petition and STB review of any activity alleged to have resulted in a restriction of competition for at least ten years. Changes from discretionary to mandatory the STB's authority to require: (1) a rail carrier's terminal facilities to be used by another rail carrier subject to certain conditions; and (2) rail carriers to enter into reciprocal switching agreements. Prohibits the STB, in either instance, from requiring evidence of anticompetitive conduct by a rail carrier from which such access is sought. Requires the STB to designate any state or substantial part of a state as an area of inadequate rail competition after finding that: (1) it encompasses rail shipping origins and destinations served exclusively by one Class I railroad; and (2) persons that ship by rail or receive rail shipments in it pay rates exceeding a certain mark, or have experienced competitive disadvantage in the marketplace or other economic adversity because of high cost or poor rail service quality. Specifies actions the STB may take to resolve such anti-competitive conditions. Requires submission to arbitration of rail rate disputes. Requires the STB to adopt new methods for determining the reasonableness of rail rates. Establishes within the Department of Transportation (DOT) the Office of Rail Customer Advocacy. Requires the STB, in a proceeding involving the merger or control of at least two Class I railroads, to consider among other things the safety and environmental effect of the proposed transaction on local communities and rail passenger transportation.
United States · United States Congress · 28 April 2005
Beginning Farmers and Ranchers Act of 2005 - Amends the Internal Revenue Code to exclude from gross income 100 percent of the gain, up to $500,000, from the sale of qualified farm property to a first-time farmer who certifies that such property will be used for farming purposes for ten years. Allows: (1) a 50 percent exclusion for the sale of qualified farm property to any other person who certifies that such property will be used for farming purposes for ten years; and (2) a 25 percent exclusion for the sale of qualified farm property to any other person for any other use. Defines "qualified farm property" as real property located in the United States which is used for farming purposes for a specified three-year period and in which there was material participation by the taxpayer or the taxpayer's spouse or family member. Requires the recapture of tax benefits if qualified farm property is sold or ceases operation as a farm before the required ten-year period.
United States · United States Congress · 28 April 2005
Asbestos Compensation Fairness Act of 2005 - Requires as an essential element of a nonmalignant asbestos or silica claim that there be physical impairment to which asbestos or silica exposure was a substantial contributing factor. Sets forth evidentiary requirements for a prima facie showing of: (1) physical impairment for nonmalignant asbestos or silica claims; (2) asbestos- or silica-related lung cancer; (3) asbestos-related other cancer; and (4) asbestos claims based upon mesothelioma. Requires evidence relating to physical impairment to comply with the AMA Guides to the Evaluation of Permanent Impairment. States that presentation of prima facie evidence meeting the foregoing requirements (excluding evidentiary requirements for mesothelioma) shall not: (1) result in a presumption of impairment at trial; (2) be conclusive as to any defendant's liability; and (3) be admissible at trial. Addresses claim consolidation, Federal jurisdiction and venue, preliminary proceedings, and the plaintiff's burden of proof. Delineates the statute of limitations for asbestos- and silica-related claims. States that an asbestos or silica claim arising out of a nonmalignant condition shall be a distinct cause of action from such a claim relating to the same exposed person arising out of asbestos- or silica-related cancer. Prohibits damage awards for fear or risk of cancer in civil actiosn premised on asbestos or silica claims. Specifies the scope of liability and damages for civil actions under this Act, providing that: (1) a defendant shall be liable only for that portion of a judgment for which the defendant is responsible; and (2) no punitive damages may be awarded. Establishes a cap for damages relating to noneconomic losses. Requires plaintiffs to disclose collateral source payments based upon the same claim at the time of filing suit. Reduces the amount of an award otherwise available by the amount of such collateral compensation. Sets forth liability rules applicable to product sellers, renters, lessors, and premises owners. Makes this Act applicable to any civil action asserting an asbestos or silica claim in which final judgment has not been entered as of the date of enactment.
United States · United States Congress · 27 April 2005
Telephone Excise Tax Repeal Act of 2005 - Amends the Internal Revenue Code to repeal the excise tax on communication services (i.e., local telephone service, toll telephone service, and teletypewriter exchange service).
United States · United States Congress · 26 April 2005
Directs the Secretary of the Interior to extend 19 listed water contracts in Idaho, unless a non-Federal party to the contract objects, until the earlier of: (1) the expiration of the two-year period beginning on the date on which the contract would expire but for this Act; or (2) the date the parties execute a new contract.
United States · United States Congress · 26 April 2005
Export Freedom to Cuba Act of 2005 - Prohibits the President from regulating or prohibiting, directly or indirectly, travel to or from Cuba by U.S. citizens or legal residents, or any of specified transactions incident to such travel. Declares that: (1) this prohibition does not authorize the importation into the United States of any goods for personal consumption acquired in Cuba; and (2) the restrictions on authority contained in this Act do not apply in a case in which the United States is at war with Cuba, armed hostilities between the two countries are in progress, or there is imminent danger to the public health or the physical safety of U.S. travelers.
United States · United States Congress · 21 April 2005
Pest Management and Fire Suppression Flexibility Act - Amends the Federal Water Pollution Control Act to state that the Administrator of the Environmental Protection Agency (EPA) shall not require a permit under the national pollutant discharge elimination system (NPDES), or require a State to mandate such a permit, for: (1) the proper use of a pesticide that is registered or otherwise approved for use under the Federal Insecticide, Fungicide, and Rodenticide Act; and (2) the use by or in cooperation with the Federal or State government of a fire retardant, chemical, or water for fire suppression, control, or prevention in accordance with relevant Federal guidelines; (3) silvicultural activities except for specified point source activities; and (4) the use of biological control organisms for the prevention, control, or eradication of plant pests or noxious weeds pursuant to specified provisions of the Plant Protection Act. Redefines "point source" to exclude from the term those public health protection, pest management, and silvicultural activities excluded from NPDES permit requirements under this Act.
United States · United States Congress · 21 April 2005
Fair Treatment for Precious Metals Investors Act - Amends the Internal Revenue Code to treat bullion (e.g., gold, silver, platinum, and palladium) as a long-term capital asset (currently, treated as a collectible), eligible for preferential capital gains tax rates.
United States · United States Congress · 20 April 2005
Rural Veterans Access to Care Act of 2005 - Directs the Secretary of Veterans Affairs to conduct a FY 2006 through 2008 pilot program to improve health care access for rural veterans. States that: (1) the program shall be conducted in three geographic service regions (Veterans Integrated Service Networks) of the Veterans Health Administration; and (2) medical services shall be provided by non-Department of Veterans Affairs (VA) providers for acute or chronic symptom management, non-therapeutic medical services, and other medical services as determined by the director of the appropriate geographic service region. Obligates program funds.
United States · United States Congress · 19 April 2005
Internet Tax Nondiscrimination Act of 2005 - Amends the Internet Tax Freedom Act to make permanent the ban on State taxation of Internet access and on multiple or discriminatory taxes on electronic commerce.
United States · United States Congress · 19 April 2005
Internet Consumer Protection Act of 2005 - Amends the Internet Tax Freedom Act to make permanent the ban on State taxation of Internet access and on multiple or discriminatory taxes on electronic commerce. Repeals provisions permitting States with Internet tax laws enacted prior to the ban on Internet taxes to continue enforcing such laws.
United States · United States Congress · 19 April 2005
Recognizes America's Blood Centers and its members for providing blood to patients, ensuring the safety of the blood supply, and promoting blood donor initiatives.
United States · United States Congress · 19 April 2005
Expresses support for the goals and ideals of a National Day of Remembrance for Murder Victims. Recognizes the significant benefits Parents of Murdered Children, Inc., provides to the loved ones of murder victims.
United States · United States Congress · 14 April 2005
Workforce Health Improvement Program Act of 2005 - Amends the Internal Revenue Code to exclude from the gross income of employees: (1) the value of any on-premises employer-provided athletic facility; and (2) fees or membership expenses paid to an athletic or fitness facility by an employer for its employees. Allows employers a tax deduction for fees or dues paid to an athletic or fitness facility.
United States · United States Congress · 14 April 2005
Energy Policy Act of 2005 - Sets forth an energy research and development program, including: (1) energy efficiency; (2) renewable energy; (3) oil and gas; (4) coal; (5) Indian energy; (6) nuclear matters and security; (7) vehicles and motor fuels, including ethanol; (8) hydrogen; (9) electricity; and (10) energy tax incentives. Amends the National Energy Conservation Policy Act to: (1) institute grant programs for low-income community energy efficiency and energy efficient public buildings; and (2) revise energy conservation standards for additional consumer products. Amends the Energy Policy Act of 1992 to prescribe incentive payments for renewable energy production facilities. Amends the Federal Power Act to prescribe guidelines for hydroelectric licensing proposals for alternative conditions and requirements governing project works within a federal reservation. Instructs the Secretary of Energy to make incentive payments to promote hydroelectric production. Amends the Natural Gas Act with respect to: (1) construction, expansion, or operation of liquefaction or gasification natural gas terminals; and (2) natural gas market transparency. Prescribes procedural guidelines for the Secretaries of the Interior and of Agriculture to enter into a Memorandum of Understanding regarding oil and gas leasing on federal lands. United States Refinery Revitalization Act of 2005 - Prescribes procedural guidelines for: (1) designation of refinery revitalization zones; and (2) coordination and expeditious review of permitting process for such zones. Sets forth a Clean Coal Power Initiative campaign that includes grants to universities to establish Centers of Excellence for Energy Systems of the Future. Authorizes federal loan guarantees for designated coal gasification projects. Amends the Energy Policy Act of 1992 to prescribe implementation guidelines for a clean air coal program. Indian Tribal Energy Development and Self-Determination Act of 2005 - Amends the Department of Energy Organization Act and the Energy Policy Act of 1992 to establish the Office of Indian Energy Policy and Programs to promote Indian tribal energy resource development through grants and loans. Prescribes guidelines for energy efficiency in federally assisted housing on Indian lands. Price-Anderson Amendments Act of 2005 - Amends the Atomic Energy Act of 1954 to modify and extend indemnification authority and liability limits for Nuclear Regulatory Commission (NRC) licensees and Department of Energy (DOE) contractors. Prohibits assumption by the U.S. Government of liability for certain foreign incidents. Directs the NRC to establish a training and fellowship program for individuals with critical nuclear safety regulatory skills. Revises requirements for: (1) uranium sales; (2) special demonstration projects for the uranium mining industry; (3) whistleblower protection requirements; (4) medical isotope production; (5) uranium enrichment facilities; and (6) the national uranium stockpile. Instructs the Secretary of Energy to establish an Advanced Reactor Hydrogen Co-Generation Project. Provides for disposal of: (1) Fernald uranium processing facility byproduct material; and (2) greater-than-class C radioactive waste. Establishes programs to promote: (1) hybrid vehicles; (2) hybrid retrofit and electric conversion technologies for combustion engine vehicles; and (3) alternative fuels for dual-fueled vehicles. Sets forth implementation guidelines for pilot programs that target: (1) alternative fueled vehicles; (2) fuel cell buses and alternative fuel and altra-low sulfur diesel fuel (clean) school buses; (3) advanced vehicles; and (4) hybrid vehicles. Instructs the Secretary of Energy to conduct programs that address: (1) production of hydrogen from diverse energy sources; and (2) solar and wind technologies. Directs the Secretary to conduct: (1) a secondary electric vehicle battery use program; and (2) a Next Generation Lighting Initiative. Directs the Secretary of Energy to implement initiatives regarding: (1) energy efficiency; (2) distributed energy and electric energy systems; (3) renewable energy; (4) nuclear energy; (5) fossil energy; (6) ultra-deepwater and unconventional natural gas, and other petroleum resources; (7) energy sciences; (8) energy and environment; (9) United States-Israel cooperation; and (10) Department of Energy management. Electric Reliability Act of 2005 - Amends the Federal Power Act to grant Federal Energy Regulatory Commission (FERC) regulatory jurisdiction over an Electric Reliability Organization. Amends the Public Utility Regulatory Policies Act of 1978 to: (1) require electric utilities to make net metering and smart metering available upon consumer request; and (2) terminate mandatory purchase and sale requirements pertaining to cogeneration and small power production utilities. Public Utility Holding Company Act of 2005 - Repeals the Public Utility Holding Company Act of 1935. Amends the Federal Power Act to: (1) direct FERC to promulgate market transparency rules governing wholesale electric energy and transmission services; and (2) prohibit round trip trading. Authorizes the Federal Trade Commission (FTC) to issue rules that prohibit in the absence of consumer consent: (1) the change of selection of an electric utility ("slamming"); and (2) the sale of goods and services to an electric consumer ("cramming"). Revises Federal Power Act requirements for electric utility mergers. Directs FERC to convene a joint board to study the issue of security constrained economic dispatch for a market region. Retains the effect of Department of Energy Order No. 202-03-2 (August 28, 2003) regarding transmission security. Extends the attainment date for certain downwind ozone nonattainment areas. Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency (Administrator) to promulgate regulations ensuring that domestic motor vehicle fuel consumption includes renewable fuel containing ethanol. Authorizes the Secretary of Energy to make grants to provide assistance to merchant producers of methyl tertiary butyl ether (MTBE) in making the transition from producing MTBE to producing iso-octane, iso-octene, alkylates, or renewable fuels. Prohibits the use of MTBE in motor vehicle fuel by December 31, 2014, in any state that does not specifically authorize it. Authorizes the President to determine by June 30, 2014, that this prohibition against the use of MTBE in motor vehicle fuel shall not take place and that the legal authority to prohibit its use in motor vehicle fuel shall become null and void. Eliminates the oxygen content requirement for reformulated gasoline. Conditions the Administrator's approval of state fuel restrictions upon a finding that they will neither cause fuel supply or distribution interruptions nor have a significant adverse impact on fuel producibility. Authorizes the Secretary of Energy to: (1) make loan guarantees for private sector construction of facilities for the processing and conversion of municipal solid waste and cellulosic biomass into fuel ethanol and other commercial byproducts; and (2) provide grants for construction of ethanol production facilities. Underground Storage Tank Compliance Act of 2005 - Amends the Solid Waste Disposal Act to require the Administrator to distribute specified fund percentages from the Leaking Underground Storage Tank Trust Fund to states to pay costs for regulation of underground storage tanks (USTs). Amends the Clean Air Act to cite conditions under which the Administrator may waive the prohibition against the use of extreme and unusual fuel or fuel additive supplies ("boutique fuels").
United States · United States Congress · 12 April 2005
Imposes an additional duty rate of 27.5 percent ad valorem on any article imported into the United States that is the growth, product, or manufacture of the People's Republic of China (PRC) unless the President certifies to Congress that: (1) the PRC is no longer manipulating the exchange rate between its currency and the U.S. dollar in order to prevent an effective balance of payments and gain an unfair international trade advantage; and (2) the PRC's currency is valued in accordance with accepted market-based trading policies. Directs the Secretary of the Treasury to begin negotiations with the PRC for adoption of a market-based currency valuation.
United States · United States Congress · 12 April 2005
Morley Nelson Snake River Birds of Prey National Conservation Area Act - Renames the Snake River Birds of Prey National Conservation Area in Idaho as the Morley Nelson Snake River Birds of Prey National Conservation Area in honor of the late Morley Nelson, an international authority on birds of prey, who was instrumental in the establishment of this National Conservation Area.
United States · United States Congress · 12 April 2005
Renewing the Dream Tax Credit Act - Amends the Internal Revenue Code to allow homebuilders and investors a general business tax credit for building or substantially rehabilitating residences for low and moderate-income individuals in certain areas, including a rural area, an Indian reservation, or an area of chronic economic distress. Sets forth rules for the calculation of such credit and its administration and allocation by the States.
United States · United States Congress · 12 April 2005
Recognizes the University of Pittsburgh on the fiftieth anniversary of the milestone discovery of the Salk polio vaccine, and the pioneering achievement of Dr. Jonas Salk and his University research team in the vaccine's development. States the appreciation of the House of Representatives to: (1) the University of Pittsburgh for the elimination of a disease that caused countless deaths and disabling consequences; (2) the members of Dr. Salk's research team; (3) the individuals, a majority of whom were Allegheny County, Pennsylvania, residents, who generously agreed to participate in the vaccine clinical trials; and (4) the family members of Dr. Salk for their participation in medical history.
United States · United States Congress · 6 April 2005
Electronic Duck Stamp Act of 2005 - Directs the Secretary of the Interior to conduct a three-year pilot program under which up to 15 States authorized by the Secretary may issue electronic migratory bird hunting and conservation stamps. Requires implementation of the program no later than one year after the beginning of the first full Federal migratory waterfowl hunting seasons after enactment of this Act and continuation of the program for three such seasons. Prohibits a State's participation in the program absent the Secretary's approval of an application providing details of the State's electronic stamp process. Requires the Secretary to publish: (1) deadlines for the submission of State applications; (2) eligibility requirements for program participation; and (3) criteria for selecting States for the program. Directs the Secretary to require participating States to: (1) provide an actual (paper) stamp to each individual to whom the State sells an electronic stamp by the date on which the electronic stamp expires; and (2) collect and transmit to the Secretary electronic stamp revenue and customer information. Authorizes participating States to charge a reasonable fee to cover program costs. Sets forth requirements for electronic stamps. Authorizes termination of a State's participation in the program by the Secretary, upon written notice, for violations of the terms of an approved application or by the State. Requires the Secretary to evaluate and report on the pilot program.
United States · United States Congress · 6 April 2005
Chinese Currency Act of 2005 - Amends the Tariff Act of 1930 regarding countervailing duty investigations to revise the definition of countervailable subsidy to include exchange-rate manipulation. Defines "exchange-rate manipulation" as protracted large-scale intervention by an authority to undervalue its currency in the exchange market that prevents effective balance-of-payments adjustment or that gains an unfair competitive advantage over any other country. Specifies factors for determining whether exchange-rate manipulation is occurring and a benefit thereby conferred. Applies the definition of "exchange-rate manipulation" to the Government of the People's Republic of China (PRC) or any other public entity within its territory. Specifies: (1) factors for determining whether exchange-rate manipulation is occurring in the PRC; (2) actions to be taken, if a petition for an investigation alleges and reasonably documents that it is occurring; and (3) the standard for presidential action to prevent or remedy the market disruption at issue (including import relief and its modification and extension). Directs the Secretary of Defense, upon proper request or resolution, to report to the U.S. International Trade Commission any determination as to whether or not the articles of the PRC that are the subject of the investigation are like or directly competitive with domestically produced articles critical to the U.S. defense industrial base. Prohibits the Secretary from procuring, directly or indirectly, such products if the Commission or the President or the U.S. Trade Representative makes an affirmative determination that the Secretary's determination is accurate. Provides for presidential waiver of the prohibition in the national security interests of the United States.
United States · United States Congress · 6 April 2005
Security and Freedom Ensured Act of 2005 (SAFE Act) - Amends the USA PATRIOT Act to modify provisions regarding roving wiretaps under the Foreign Intelligence Surveillance Act of 1978 (FISA) to require that: (1) an order approving an electronic surveillance specify either the identity of the target or the place to be wiretapped; and (2) surveillance be conducted only when the suspect is present at the place to be wiretapped. Revises provisions governing search warrants authorized under the USA PATRIOT ACT to: (1) limit the authority to delay notice of the issuance of such a search warrant to circumstances where providing immediate notice of the warrant will endanger the life or physical safety of an individual, result in flight from prosecution or the intimidation of a potential witness, or result in the destruction of or tampering with the evidence sought under the warrant; and (2) require such delayed notification to be issued within seven days (currently, within a "reasonable period") after execution, with extensions by the court for additional periods of up to 21 calendar days each time that the court finds reasonable cause to believe that notice of the execution of the warrant would have such consequences. Requires the Attorney General, on a semiannual basis, to transmit to Congress and make public a report concerning all requests for delays of notice and for extensions of such delays. Amends FISA to require, with respect to access by the Federal Bureau of Investigation to business records for foreign intelligence and international terrorism investigations, that there be specific and articulable facts giving reason to believe that the person to whom the records pertain is a foreign power or agent. Provides that libraries shall not be treated as wire or electronic communication service providers under provisions granting counterintelligence access to provider subscriber information, toll billing records information, or electronic communication transactional records. Redefines "domestic terrorism" to mean activities that involve acts dangerous to human life that constitute a Federal crime of terrorism (currently, that violate criminal laws).
United States · United States Congress · 6 April 2005
Social Security Benefits Tax Relief Act of 2005 - Amends the Internal Revenue Code to repeal the 85 percent maximum tax rate on Social Security and Railroad Retirement benefits enacted by the Omnibus Budget Reconciliation Act of 1993. Appropriates, from the general fund, to the Hospital Insurance Trust Fund amounts equal to the reduction in revenues resulting from this repeal.
United States · United States Congress · 6 April 2005
Recognizes the 60th anniversary of the Liberation of Western Bohemia during World War II which culminated in an Allied victory that assured the defeat of Nazi Germany and ended the war in Europe two weeks later. Honors those individuals who gave their lives during the Liberation of Western Bohemia. Reaffirms the bonds of friendship between the United States and the citizens of the Czech Republic.
United States · United States Congress · 5 April 2005
Directs the Secretary of the Interior to make full payment to each unit of general local government in which entitlement land is located pursuant to current Federal law relating to payment for such land. Instructs the Secretary, if funds are not appropriated in amounts required for the Secretary to make full payment to a local government entity as required above, to convey to that local entity Federal land with a fair market value equal to the deficiency in the payment within the geographic boundary of that local government, with the exception of: (1) a unit of the National Park System; (2) a National Wilderness Area; and (3) a unit of the National Wildlife Refuge System. Requires conveyances under this Act to be completed not more than 90 days after the Secretary receives written notification of the selection from the local government.
United States · United States Congress · 17 March 2005
Firearm Commerce Modernization Act - Amends Federal firearms provisions to permit a licensed importer, manufacturer, dealer, or collector to: (1) sell or deliver a firearm (currently, a rifle or shotgun) to a resident of a State other than a State in which the licensee's place of business is located or temporarily located if the transferee meets in person with the transferor to accomplish the transfer; and (2) conduct business temporarily at any gun show or event sponsored by any national, State, or local organization, or any affiliate devoted to the collection, competitive use, or other sporting use of firearms (currently, only at such a location in the State specified on the person's license). Provides that nothing in the Act shall be construed to diminish the right of a licensee to conduct firearms transfers (currently, "curios or relics" firearms transfers) with another licensee away from the transferor's business premises.
United States · United States Congress · 17 March 2005
Federal Land Asset Inventory Reform Act of 2005 - Directs the Secretary of the Interior to develop a multipurpose cadastre of Federal real property (an inventory of real property of the Federal Government developed through the collection of geographical and digital data depicting natural or man-made physical features, phenomena, and boundaries of the earth and any related information) to assist with Federal land management, resource conservation, and development of real property, including any Federal land which is no longer required to be owned by the Government. Authorizes the Secretary to enter into cost-sharing agreements with States to include any non-Federal lands in a State in such cadastre. Limits the Federal share of any such agreement to 50 percent of the total cost to a State for the development of the cadastre of the non-Federal lands in the State. Requires the Secretary to submit a report on: (1) the existing real property inventories or any components of any cadastre currently authorized by law or conducted by the Department of the Interior; (2) the inventories and components that will be or will not be eliminated or consolidated into the multipurpose cadastre authorized by this Act; (3) the cost savings that will be achieved; and (4) recommendations for any legislation necessary to increase cost savings and enhance the effectiveness and efficiency of replacing, eliminating, or consolidating real property inventories or any components of a cadastre currently authorized by law or conducted by the Department of the Interior.
United States · United States Congress · 17 March 2005
National Drought Preparedness Act of 2005 - Establishes the National Drought Council which shall: (1) develop a national drought policy action plan; (2) evaluate Federal drought-related programs; (3) coordinate and prioritize enhancement of the national integrated drought system; and (4) provide for the development of a drought information delivery system, drought planning models, and drought preparedness plans. Terminates the Council eight years after enactment of this Act. Requires the Secretary of Agriculture to establish the National Office of Drought Preparedness. Establishes within the Department of Agriculture the Drought Assistance Fund, which shall be used to: (1) assist State, local, tribal, and critical service entities with drought-related activities; and (2) expand the technology transfer of drought and water conservation strategies. Requires: (1) the Secretary to publish guidelines for administering a national technical and financial drought assistance program; and (2) the Secretaries of Agriculture, the Interior, and the Army, and other appropriate Federal agency heads to implement integrated drought preparedness plans. Authorizes States, Indian tribes, local governments, and regional, water providers to develop and implement drought preparedness plans.
United States · United States Congress · 16 March 2005
Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 with respect to agricultural sales to Cuba to define permitted payment of cash in advance sales as the payment by the purchaser of an agricultural commodity or product and the receipt of such payment by the seller prior to: (1) transfer of title to the purchaser; and (2) release of control to the purchaser.
United States · United States Congress · 15 March 2005
Small Community Options for Regulatory Equity Act of 2005 - Amends the Safe Drinking Water Act to require States exercising primary enforcement responsibility for public water systems to exempt any nonprofit small public water system (serving 10,000 or fewer persons) that so requests in accordance with this Act from the requirements of any national primary drinking water regulation for naturally occurring contaminants, including arsenic, radon, radium, uranium, and specified disinfection byproducts. Requires exemption requests to include a finding that the system's compliance with applicable national primary drinking water regulations is not economically feasible. Precludes judicial or administrative review of such findings.
United States · United States Congress · 15 March 2005
Critical Habitat Enhancement Act of 2005 - Amends the Endangered Species Act of 1973 to require the relevant Secretary (the Secretary of the Interior or the Secretary of Commerce) to make any designation of critical habitat of an endangered or threatened species not later than one year after final approval of a recovery plan for the species or three years after final regulations implementing a determination that the species is endangered or threatened, whichever is earlier. Directs the Secretary to reconsider determinations that critical habitat designation is not practicable or determinable during the next five-year review of listed species or at the time of final approval of a recovery plan for the species. Makes critical habitat designations inapplicable to actions authorized by: (1) an incidental taking permit; (2) an incidental taking statement provided by the Secretary; or (3) a land conservation or species management program that meets specified requirements. Directs the Secretary, in determining whether an area is critical habitat, to seek and consider information from local governments in the vicinity of the area. Specifies factors for consideration in determining the economic impact of critical habitat designation. Modifies notice requirements applicable to proposed designations of critical habitat to require that any municipality having administrative jurisdiction over the area in which the species is believed to occur is given actual notice. Redefines "critical habitat" to mean geographic areas determined by field survey data to be occupied by the species at the time of designation and which are necessary to the continued existence of the species.
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 · 10 March 2005
Secure Access to Firearms Enhancement (SAFE) Act of 2005 - Amends the Federal criminal code to provide for reciprocity for the carrying of certain concealed firearms in different States by persons who are not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm and who are: (1) carrying a valid State license or permit for carrying a concealed firearm; or (2) otherwise entitled to carry a concealed firearm in their State of residence.
United States · United States Congress · 10 March 2005
Amends the Clean Air Act to establish critical use exemptions for methyl bromide for 2006 and 2007, incorporating critical use exemptions approved by the Parties to the Montreal Protocol and submitted by the U.S. State Department at the first Extraordinary Meeting of the Parties to the Montreal Protocol.
United States · United States Congress · 10 March 2005
No Net Loss of Private Land Act - Allows the the Secretary of Agriculture and the Secretary of the Interior, in the case of a State in which 25 percent or more of all land in the State is owned by the United States, to acquire an interest in a parcel of land consisting of 100 or more acres in the State on behalf of the United States only if all right, title, and interest of the United States in the surface estate of another parcel of land in that State is conveyed, the value of which is approximately equal in value to the land being acquired. Prohibits the Secretary of Agriculture or the Secretary of the Interior (the Secretary concerned) from dividing a parcel of land consisting of 100 or more acres into smaller parcels to avoid such requirements. Specifies exceptions. Allows the Secretary concerned to waive such requirements with respect to the acquisition of a particular parcel of land in a time of war or a national emergency when such acquisition is necessary as part of the U.S. response to the war or national emergency.
United States · United States Congress · 10 March 2005
Requests the President to issue a proclamation commemorating the 200th anniversary of the birth of Constantino Brumidi, who painted and decorated the interior of the U.S. Capitol.
United States · United States Congress · 9 March 2005
Alternative Minimum Tax Repeal Act of 2005 - Amends the Internal Revenue Code to repeal the alternative minimum tax for individual and corporate taxpayers .
United States · United States Congress · 8 March 2005
Amends the Truth in Regulating Act of 2000 to make permanent the pilot project that permits a chairman or ranking member of a committee of jurisdiction of either House of Congress to request the Comptroller General to review an economically significant rule that may have an annual effect on the economy of $100 million or more, or that will adversely affect in a material way the economy (or a sector), productivity, competition, jobs, the environment, public health or safety, or state, local, or tribal governments or communities.
United States · United States Congress · 8 March 2005
Freedom to Read Protection Act of 2005 - Amends the Foreign Intelligence Surveillance Act of 1978 (FISA) to provide that no application by the Director of the Federal Bureau of Investigation (FBI) to a U.S. court for an order requiring the production of tangible things for an investigation to obtain foreign intelligence information from a U.S. person or to protect against international terrorism may be made for the sole purpose of searching for, or seizing from, a bookseller or library documentary materials that contain personally identifiable information concerning a patron. Provides that nothing in this Act shall be construed to preclude a physical search for documentary materials (including books, records, papers, documents, and other items) under other provisions of law. Defines "personally identifiable information" as information that identifies a person as having used, requested, or obtained specific reading materials or services from a bookseller or library. Revises congressional reporting requirements under FISA to require the Attorney General, in informing Congress with respect to applications for orders approving requests for the production of tangible things, to: (1) describe the specific purpose of each order application; (2) analyze the effectiveness of each application that was granted or modified in protecting U.S. citizens against terrorism; and (3) make public such information provided in a manner consistent with the national security of the United States.
United States · United States Congress · 8 March 2005
State and Local Education Flexibility Act of 2005 - Amends the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001, to revise accountability requirements of title I part A assistance for basic programs operated by local educational agencies (LEAs) to improve the academic achievement of the disadvantaged (ESEA I-A). Provides for State and local flexibility, under specified conditions, to: (1) exclude from adequate yearly progress and academic assessments the performance of certain limited English proficient students; (2) modify academic content and achievement standards in the individual education plans of students with disabilities; (3) develop assessments locally and use multiple assessments; and (4) have alternative qualification requirements for special education teachers and rural teachers. Directs the Comptroller General to study the amounts LEAs and schools receive from ESEA I-A, and the costs to them in complying with it. Directs the Secretary of Education to arrange with an educational research entity to assess feasibility of measuring individual academic achievement.
United States · United States Congress · 8 March 2005
Prohibits U.S. assistance to the Palestinian Authority (PA) unless the President certifies to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that: (1) the PA leadership is not tainted by violence, has publicly rebuked Palestinian violence, has ended incitement, and has taken all actions within its capacity to dismantle the terrorist infrastructure; and (2) the violence in the West Bank and Gaza has subsided.
United States · United States Congress · 8 March 2005
Amends the Internal Revenue Code to allow individual taxpayers a tax credit for certain long-term health care insurance premiums and expenses paid for the taxpayer, the taxpayer's spouse or dependents. Limits the amount of such credit to $1,000 per year ($2,000 for joint returns).
United States · United States Congress · 3 March 2005
Dam Rehabilitation and Repair Act of 2005 - Amends the National Dam Safety Program Act to require the Director of the Federal Emergency Management Agency (FEMA) to establish a program to provide grant assistance to States for use in rehabilitating publicly-owned dams that fail to meet minimum safety standards and pose an unacceptable risk to the public (deficient dams). Sets forth provisions regarding procedures for grant awards and fund allocation. Requires the Director to develop a risk-based priority system for identifying deficient dams for which such grants may be made. Limits the Federal share of rehabilitation costs to 65 percent.
United States · United States Congress · 3 March 2005
Marriage Protection Act of 2005 - Amends the Federal judicial code to deny Federal courts jurisdiction to hear or decide any question pertaining to the interpretation of: (1) the provision of the Defense of Marriage Act that provides that no State shall be required to give effect to any marriage between persons of the same sex under the laws of any other State; or (2) this Act.
United States · United States Congress · 3 March 2005
Constitution Restoration Act of 2005 - Amends the Federal judicial code to prohibit the U.S. Supreme Court and the Federal district courts from exercising jurisdiction over any matter in which relief is sought against an entity of Federal, State, or local government or an officer or agent of such government concerning that entity's, officer's, or agent's acknowledgment of God as the sovereign source of law, liberty, or government. Prohibits a court of the United States from relying upon any law, policy, or other action of a foreign state or international organization in interpreting and applying the Constitution, other than English constitutional and common law up to the time of adoption of the U.S. Constitution. Provides that any Federal court decision relating to an issue removed from Federal jurisdiction by this Act is not binding precedent on State courts. Provides that any Supreme Court justice or Federal court judge who exceeds the jurisdictional limitations of this Act shall be deemed to have committed an offense for which the justice or judge may be removed, and to have violated the standard of good behavior required of Article III judges by the Constitution.
United States · United States Congress · 3 March 2005
Artists' Contribution to American Heritage Act of 2005 - Amends the Internal Revenue Code to allow taxpayers who create literary, musical, artistic, or scholarly compositions or similar property a fair market value (determined at the time of contribution) tax deduction for contributions of such properties, the copyrights thereon, or both, to certain tax-exempt organizations, if such properties are properly appraised and are donated no sooner than 18 months after their creation. Limits the amount of such deduction based upon the donor's artistic adjusted gross income, as defined by this Act.
![Official portrait of Rep. Otter, C. L. (Butch) [R-ID-1]](https://www.congress.gov/img/member/o000166_200.jpg)