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 · 17 March 2005
Family Smoking Prevention and Tobacco Control Act - Amends the Federal Food, Drug, and Cosmetic Act to provide for the regulation of tobacco products by the Secretary of Health and Human Services through the Food and Drug Administration, including through disclosure, annual registration, inspection, recordkeeping, and user fee requirements. Sets forth criteria by which tobacco products are deemed adulterated or misbranded. Allows the Secretary to require prior approval of all label statements. Allows the Secretary to restrict the sale or distribution of tobacco products, including advertising and promotion, if the Secretary determines that such regulation would be appropriate for the protection of the public health. Prohibits such regulations from: (1) limiting product sales or distribution to authorization of a practitioner licensed to prescribe medical products; (2) prohibiting product sales in face-to-face transactions by a specific category of retail outlets; or (3) establishing a minimum age greater than 18 years of age for product purchases. Prohibits cigarettes from containing any artificial or natural flavor (other than tobacco or menthol) or an herb or spice, including strawberry, cinnamon, or coffee. Requires the Secretary to establish tobacco product standards to protect the public health, but reserves to Congress the power to ban any tobacco products or reduce the nicotine level to zero. Allows the Secretary to take specified actions, including public notification and recall, against unreasonably harmful products. Requires premarket approval of all new tobacco products. Sets forth standards for the sale of modified risk tobacco products. Sets forth provisions regarding: (1) judicial review; (2) coordination with the Federal Trade Commission (FTC); (3) congressional review of regulations; and (4) state and local authority. Requires the Secretary to establish a Tobacco Products Scientific Advisory Committee. Amends the Federal Cigarette Labeling and Advertising Act to change cigarette warning label and advertising requirements. Amends the Comprehensive Smokeless Tobacco Health Education Act of 1986 to change smokeless tobacco warning label and advertising requirements.
United States · United States Congress · 17 March 2005
Human Cloning Prohibition Act of 2005 - Amends the Federal criminal code to prohibit any person or entity, in or affecting interstate commerce, from knowingly: (1) performing or attempting to perform human cloning; (2) participating in such an attempt; (3) shipping or receiving an embryo produced by human cloning or any product derived from such embryo; or (4) importing such an embryo or derived product. Sets forth criminal and civil penalties. Provides that nothing in this Act restricts areas of scientific research not specifically prohibited above, including research in the use of nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans.
United States · United States Congress · 17 March 2005
Clean Water Authority Restoration Act of 2005 - Amends the Federal Water Pollution Control Act to replace the term "navigable waters," throughout the Act, with the term "waters of the United States," defined to mean all waters subject to the ebb and flow of the tide, the territorial seas, and all interstate and intrastate waters and their tributaries, including lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, natural ponds, and all impoundments of the foregoing, to the fullest extent that these waters, or activities affecting them, are subject to the legislative power of Congress under the Constitution.
United States · United States Congress · 17 March 2005
Expresses the sense of Congress that an appropriate site in Arlington National Cemetery should be provided for a memorial marker to honor the memory of the 40 members of the U.S. Armed Forces who lost their lives in the air crash at Bakers Creek, Australia, on June 14, 1943.
United States · United States Congress · 16 March 2005
Veterans Employment and Respect Act of 2005 - Amends the Internal Revenue Code to allow employers a work opportunity tax credit for hiring certain: (1) veterans of military service in Afghanistan or Iraq; and (2) dependents of deceased members of the Armed Forces who served in Afghanistan and Iraq.
United States · United States Congress · 16 March 2005
Medicare Patient Access to Physical Therapists Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to authorize qualified physical therapists to provide services for Medicare beneficiaries without the requirement of a physician referral. Provides for treatment of outpatient speech-language pathology services separately from outpatient physical therapy services.
United States · United States Congress · 16 March 2005
Captive Primate Safety Act - Amends the Lacey Act Amendments of 1981 to add non-human primates to the definition of "prohibited wildlife species" to which such Act's requirements (e.g., prohibition against sale or purchase in interstate or foreign commerce) apply.
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
Federal Employee Protection of Disclosures Act - Includes as a protected disclosure by a Federal employee any lawful disclosure an employee or applicant reasonably believes is credible evidence of waste, abuse, or gross mismanagement, without restriction as to time, place, form, motive, context, or prior disclosure. Requires a Government Accountability Office (GAO) study on security clearances revocations taking effect after 1996 with respect to personnel that filed claims in connection with such security clearance revocations.
United States · United States Congress · 15 March 2005
National Vaccine Injury Compensation Program Improvement Act of 2005 - Amends the Public Health Service Act to revise provisions of the National Vaccine Injury Compensation Program. Specifies how loss of earning is to be calculated for vaccine-related injuries to individuals under the age of 18. Increases the award for vaccine-related deaths. Allows compensation under the Program for expenses for family counseling and for establishing and maintaining a guardianship, conservatorship, or trust for an individual with a vaccine-related injury. Allows a special master to make an interim award of attorneys' fees and costs under certain circumstances. Allows such award to be payable directly to the petitioner's attorney. Extends the statute of limitation for vaccine-related injury or death to six years after the date of injury or onset of symptoms. Specifies who is to be a member of the Advisory Commission on Childhood Vaccines. Provides that the Commission shall meet at the call of the Chair (currently, the Commission must meet not less than four times a year). Amends the Internal Revenue Code to increase the amount of expenses for administering the Program that are allowed to be paid from the Vaccine Injury Compensation Trust Fund. Allows the payment from the Trust Fund of administrative and personnel expenses that the Bureau of Public Debt incurs for financial services for the Trust Fund. Requires the Secretary of Health and Human Services to include a public service announcement in efforts to inform the public about the Program.
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
Direct Support Professionals Fairness and Security Act of 2005 - Amends title XIX (Medicaid) of the Social Security Act to provide funds to States to enable them to increase the wages paid to targeted direct support professionals in providing services to individuals with disabilities under the Medicaid program. Directs the Secretary of Health and Human Services, through the Inspector General of the Department of Health and Human Services, to audit a sample from among the States in order to assess the effectiveness of progress made in reducing or eliminating the wage gap between targeted and reference direct support professionals through funds under this Act. Requires the Comptroller General to study and report to Congress on the wage equalization and recruitment and retention of direct support professionals who are providing services and supports to individuals with disabilities.
United States · United States Congress · 10 March 2005
Safe Highways and Infrastructure Preservation Act - Amends Federal transportation law to prohibit a State from prescribing or enforcing any regulation that allows a restricted property-carrying unit (any trailer, semi-trailer, container, or other property-carrying unit longer than 53 feet, except for a fire-fighting unit) to operate on the National Highway System (NHS) (including the Interstate System), unless the operation of such unit is authorized by the State on June 1, 2005, and in actual and lawful operation on a regular or periodic basis (including seasonal operations) on or before that date. Prohibits a State from allowing the operation of a commercial motor vehicle combination on the NHS (except a vehicle or load that cannot be dismantled or divided easily, and that has been issued a special permit under State law) with more than one property-carrying unit (excluding the truck tractor) whose property-carrying units are more than: (1) the maximum combination trailer, semi-trailer, or other type of length limitation allowed by State law on June 1, 2005; or (2) the length of the property-carrying units of those commercial motor vehicle combinations, by specific configuration, in actual and lawful operation on a regular or periodic basis (including continual seasonal operation) in such State on or before June 1, 2005. Amends Federal highway law to prohibit a State from allowing the operation of a vehicle or combination (other than a longer combination vehicle) exceeding Interstate weight limits on the Interstate System unless its operation was lawful: (1) on July 1, 1956; (2) in the case of the overall gross weight of any group of two or more consecutive axles, on the date of enactment of the Federal-Aid Highway Amendments of 1974; or (3) under a special permit pursuant to State (grandfather) law. Declares that Interstate weight limitations on vehicles and combinations (other than longer combination vehicles) that operate on the Interstate System shall also apply to such vehicles and combinations that operate on non-Interstate segments of the NHS, unless: (1) such segments are subject to lower State weight limits; or (2) a State allows the operation of any vehicle or combination on an existing non-Interstate segment of the NHS that could be so operated lawfully on June 1, 2005.
United States · United States Congress · 10 March 2005
Cool and Efficient Buildings Act - Amends the Internal Revenue Code to allow a 20-year depreciation recovery period, calculated on a straight line basis, for heating, ventilation, air conditioning, or commercial refrigeration systems installed in nonresidential buildings.
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
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
Ronald Reagan Alzheimer's Breakthrough Act of 2005 - Amends the Public Health Service Act to make Alzheimer's disease research a priority within the National Institute on Aging. Requires the Director of the Institute to: (1) undertake an Alzheimer's Disease Prevention Initiative to accelerate the discovery of new risk and protective factors, to rapidly identify therapies and preventive interventions, and to implement effective prevention and treatment strategies; (2) conduct and support cooperative clinical research regarding Alzheimer's; and (3) conduct research concerning early detection and diagnosis, the relationship between Alzheimer's and vascular disease, and interventions designed to help caregivers. Authorizes the Director to establish a National Alzheimer's Coordinating Center to facilitate collaboration among Alzheimer's Disease Centers and Alzheimer's Disease Research Centers. Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to educate the public and public health community regarding Alzheimer's disease. Authorizes the Secretary to award grants or cooperative agreements to develop coordinated respite care programs on a statewide basis. Defines "respite care" to mean planned or emergency care provided to a child or adult with a special need in order to provide temporary relief to the family caregiver of such child or adult. Directs the Secretary to award a grant or cooperative agreement to a public or private nonprofit entity to establish a National Resource Center on Lifespan Respite Care.
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
Public Safety Employer-Employee Cooperation Act of 2005 - Provides collective bargaining rights for public safety officers employed by States or local governments. Directs the Federal Labor Relations Authority (FLRA) to determine whether State law provides specified rights and responsibilities for public safety officers, including: (1) granting public safety employees the right to form and join a labor organization which excludes management and supervisory employees, and which is, or seeks to be, recognized as the exclusive bargaining agent for such employees; and (2) requiring public safety employers to recognize and agree to bargain with the employees' labor organization. Requires the FLRA to issue regulations establishing collective bargaining procedures for public safety employers and employees in States that do not substantially provide for such public safety employee rights and responsibilities. Directs the FLRA, in such cases, to: (1) determine the appropriateness of units for labor organization representation; (2) supervise or conduct elections to determine whether a labor organization has been selected as an exclusive representative by a majority of the employees in an appropriate unit; (3) resolve issues relating to the duty to bargain in good faith; (4) conduct hearings and resolve complaints of unfair labor practices; and (5) resolve exceptions to arbitrator's awards. Grants a public safety employer, employee, or labor organization the right to seek enforcement of such FLRA regulations and authority through appropriate State courts. Prohibits public safety employers, employees, and labor organizations from engaging in lockouts or strikes. Provides that existing collective bargaining units and agreements shall not be invalidated by this Act.
United States · United States Congress · 9 March 2005
Disabled Veterans Right to Commissaries and Space Available Travel Act - Requires veterans with disabilities rated at 30 percent or more (and their dependents) to be permitted to use commissary and exchange stores on the same basis as members of the Armed Forces eligible for retired or retainer pay. Directs the Secretary of Defense to provide transportation on Department of Defense aircraft on a space-available basis for any veteran with a service-connected disability rated at 50 percent or more (and their dependents) on the same basis as members entitled to retired or retainer pay.
United States · United States Congress · 9 March 2005
Abraham Lincoln National Heritage Area Act - Establishes the Abraham Lincoln National Heritage Area in Illinois. Designates the Looking for Lincoln Heritage Coalition as the management entity for the Area. Allows the Coalition, using funds made available under this Act, to prepare a management plan for the Area and reports, studies, interpretive exhibits and programs, historic preservation projects, and other activities recommended in the plan. Prohibits the Coalition from using Federal funds received under this Act to acquire real property. Directs the Coalition to submit to the Secretary of the Interior a management plan reviewed by participating units of government within the Area's boundaries which shall, among other things: (1) contain a comprehensive program for conservation, interpretation, funding, management, and development and historical, cultural, and natural resources and recreational and educational opportunities of the Area; and (2) include a business plan detailing the functions of the local coordinating entity and of activities included in recommendations contained in the plan. Requires the Secretary to approve or disapprove the proposed plan not later than 90 days after receiving it. Authorizes the Secretary to provide technical and financial assistance to the Coalition for the development and implementation of the management plan. Requires the Coalition to provide assistance and encouragement to State and local governments, private organizations, and persons to protect and promote the Area's resources and values.
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
Directs the Attorney General to adjust the status of 31 specified persons (who were aboard the Golden Venture) to that of an alien lawfully admitted for permanent residence.
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
Lebanon and Syria Liberation Act - States that U.S. sanctions, controls, and regulations relating to Syria shall remain in effect until the President certifies that: (1) Syria has ceased support for terrorism, has dismantled biological, chemical, or nuclear weapons programs and has committed to combat their proliferation, has withdrawn from Lebanon and respects the boundaries and sovereignty of all neighboring countries, and upholds human rights and civil liberties; and (2) sovereignty has been restored to Lebanon. Imposes specified trade, assistance, and military sanctions, as appropriate, on persons or countries that transfer goods or technology so as to contribute to Syria's biological, chemical, nuclear, or advanced conventional weapons programs. Sets forth diplomatic measures intended to achieve such nonproliferation. Directs the President to provide assistance to support a democratic transition in Syria and the restoration of sovereign, democratic rule in Lebanon. Authorizes appropriations.
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
Medical Laboratory Personnel Shortage Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish a scholarship and loan repayment program to alleviate the shortage of medical laboratory personnel. Requires the Secretary: (1) when awarding grants and contracts under programs designed to increase the number of allied health professionals, to give preference to assisting entities in expanding or establishing programs to increase the number of individuals trained as medical laboratory personne; and (2) to issue public service announcements that promote medical laboratory personnel careers. Directs the Secretary, acting through the Administrator of the Health Resources and Service Administration (HRSA) and in collaboration with the Director of the Centers for Disease Control and Prevention (CDC), to make grants for training to increase the number of cytotechnologists available for cervical cancer screening. Provides for giving emphasis in the training of allied heath professionals, for which Federal payments may be provided under a cooperative agreement or grant from the Director of the National Heart, Lung, and Blood Institute, to the training of medical laboratory personnel in disciplines in which more personnel are needed.
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 · 8 March 2005
Health and Higher Education Facilities Improvement Act of 2005 - Amends the Internal Revenue Code to allow a small tax-exempt bond issuer, the proceeds of the obligations of which are to be used to make or finance eligible loans for health care or educational purposes, to elect to apply specified current limitations on the amount of obligations by treating each borrower as the issuer of a separate issue.
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
American LIFE Fund for the Medical Treatment of the Uninsured Act of 2005 - Amends the Internal Revenue Code to permit an individual to designate a portion of any tax overpayment for the Health Coverage for the Uninsured Trust Fund, which shall use such funds to provide injury and catastrophic illness protection to individuals without health coverage. Establishes in the Treasury the Health Coverage for the Uninsured Trust Fund.
United States · United States Congress · 3 March 2005
Declares that the steel import licensing and monitoring program established by the Secretaries of the Treasury and of Commerce shall remain in effect and be established by the Secretary of Commerce as a permanent program. Requires the Secretaries to expand the program to include all iron and steel, and all articles of iron and steel, specified in this Act. Requires release of the import and licensing data made available to the public as part of this program, based upon classifications at the tenth digit level of the Harmonized Schedule of the United States. Grants the Secretaries authority to maintain the program and to expand it as necessary and appropriate in accordance with this Act.
United States · United States Congress · 3 March 2005
Information Protection and Security Act - Directs the Federal Trade Commission (FTC) to promulgate regulations governing the conduct of information brokers and the protection of personally identifiable information held by such brokers. States that such regulations shall include rules: (1) requiring procedures for maximum data accuracy, confidentiality, user authentication and tracking, the prevention and detection of illegal or unauthorized activity, and mitigation of potential harm to individuals; (2) allowing individuals to obtain disclosure of such information pertaining to them held by an information broker, to be informed of each entity that procured such information, and to request and receive prompt correction of errors; and (3) prohibiting brokers from engaging in activity that fails to comply with FTC regulations. Requires violations of such regulations to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act. Authorizes States, after providing notice to the FTC and the Attorney General, to bring civil actions on behalf of State residents in Federal district court or any other court of competent jurisdiction to: (1) enjoin such acts or practices; (2) enforce compliance with FTC regulations; or (3) obtain damages, restitution, compensation, or other appropriate relief. Prohibits State actions during the pendency of criminal proceedings brought by the Attorney General or civil actions instituted by the FTC against the same defendant for violations of this Act. Establishes a private right of action for individuals injured by violations of regulations promulgated under this Act.
United States · United States Congress · 3 March 2005
National Park Centennial Act - Establishes the National Park Centennial Fund in the Treasury. Amends the Internal Revenue Code to allow individual taxpayers to designate overpayments and contributions for the benefit of the National Park System. Allocates such amounts to the Fund (along with necessary amounts from the General Fund to the extent that such amounts are inadequate in any fiscal year) for expenditure by the Secretary of the Interior. Authorizes appropriations for a public awareness campaign about the Fund and the ability of taxpayers to make tax-related contributions. Requires a specified percentage of Fund deposits to be used: (1) for the elimination of the backlog of unmet needs in the national parks as identified in the Facility Condition Index of the National Park Service (NPS); (2) to protect natural resources within the parks; and (3) to protect cultural resources within the parks. Requires a majority of such percentages to be distributed to those national parks that have completed comprehensive business plans under the Business Plan Initiative of the NPS. Directs the Government Accountability Office annually to submit a report on the National Park System to specified congressional committees. Authorizes the Secretary of Education to provide grants to elementary and secondary schools for cooperative agreements with the NPS providing distance learning and onsite education programs.
United States · United States Congress · 3 March 2005
Save Our Waters From Sewage Act of 2005 - Amends the Federal Water Pollution Control Act to prohibit publicly owned treatment works (POTWs) from intentionally diverting waste streams to bypass any portion of the treatment facility unless: (1) the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; (2) there is no feasible alternative; and (3) the treatment works provides notice of the bypass in accordance with this Act; or (4) the bypass does not cause effluent limitations to be exceeded and is for essential maintenance. Requires POTWs to provide the Administrator of the Environmental Protection Agency (EPA) (or the State if the State has an approved permit program) with: (1) prior notice of an anticipated bypass; and (2) notice of an unanticipated bypass within 24 hours of becoming aware of such bypass as well as follow-up notice. Directs the Administrator to establish procedures to ensure that permits issued to POTWs under the National Pollutant Discharge Elimination System include requirements to implement this Act.
United States · United States Congress · 3 March 2005
Good Samaritan Volunteer Firefighter Assistance Act of 2005 - States that a person (including a governmental or other entity) who donates fire control or fire rescue equipment to a volunteer fire company shall not be liable for State or Federal civil damages for personal injuries, property damage or loss, or death caused by the equipment after the donation. Waives such liability protection if: (1) the person's act or omission causing the injury, damage, loss, or death constitutes gross negligence or intentional misconduct; or (2) the person is the manufacturer of such equipment. Preempts State law unless such law provides additional protection from liability.
United States · United States Congress · 3 March 2005
United Nations Oil-for-Food Accountability Act of 2005 - Requires the withholding of certain FY 2005 and 2006 U.S. contributions to the United Nations (UN) until the President certifies that the UN is cooperating in the investigation of the United Nations Oil-for-Food Program.
United States · United States Congress · 3 March 2005
Child Health Care Crisis Relief Act of 2005 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to establish programs related to mental health services for children and adolescents, to include: (1) entering into contracts with qualified individuals to pay educational loans in exchange for providing mental health services to children and adolescents; (2) awarding scholarships to students who agree to work as child and adolescent mental health service professionals after graduation or completion of residency; (3) entering into contracts with higher education institutions to establish or expand internship or other field placement programs for students receiving specialized training or clinical experience in child and adolescent mental health; (4) awarding grants to State-licensed mental heath organizations to pay for programs for preservice or in-service training of paraprofessional child and adolescent mental health workers; and (5) awarding grants to higher education institutions to establish or expand graduate child and adolescent mental health programs. Amends Title XVIII (Medicare) of the Social Security Act to adjust the graduate medical education program to: (1) exclude a reasonable number of residents or fellows in child and adolescent psychiatry when calculating the maximum number of residents in the field of allopathic or osteopathic medicine for which the hospital may be paid; and (2) extend the period of board eligibility for residents and fellows in child and adolescent psychiatry. Directs the Administrator to study and report to Congress on the distribution of, and need for, child mental health service professionals.
United States · United States Congress · 3 March 2005
Calls on the Citizens' Stamp Advisory Committee to recommend to the Postmaster General that a commemorative stamp should be issued by the United States Postal Service honoring law enforcement officers killed in the line of duty.
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
Treatment of Children's Deformities Act of 2005 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to require a group health plan, and a health issuer offering group health insurance coverage, that cover surgical benefits to also cover outpatient and inpatient diagnosis and treatment of a child's congenital or developmental deformity, disease, or injury. Requires that such coverage: (1) be subject to pre-authorization or pre-certification requirements of the plan or issuer; and (2) include any surgical treatment deemed by the treating physician to be medically necessary to approximate a normal appearance. Defines "treatment" to include reconstructive surgical procedures that are performed on abnormal structures of the body caused by congenital defects, abnormalities, trauma, infection, tumors, or disease, including: (1) procedures that do not materially affect the function of the body part being treated; and (2) procedures for secondary conditions and follow-up treatment. Excludes cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem.
United States · United States Congress · 1 March 2005
National Pain Care Policy Act of 2005 - Directs the President to convene a White House Conference on Pain Care to identify barriers to appropriate pain care. Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish within the National Institutes of Health (NIH) the National Center for Pain and Palliative Care Research. Establishes an advisory council for the Center. Requires the Director of NIH to establish at least six regional pain research centers. Requires the Director of Agency for Healthcare Research and Quality (AHRQ) to develop and advance the quality, appropriateness, and effectiveness of pain and palliative care. Permits the Secretary to award grants, cooperative agreements, and contracts to public and private entities to educate and train health care professionals in pain and palliative care. Directs the Secretary to implement a national campaign to inform the public on responsible pain management, related symptom management, and palliative care. Requires the Secretaries of Defense, Homeland Security, and Health and Human Services to develop and implement a pain care palliative initiative in all health care facilities of the uniformed services. Amends Title XVIII of the Social Security Act (Medicare) to require Medicare Advantage organizations to meet certain pain care standards. Requires TRICARE (a Department of Defense managed health care program) to meet such pain care standards. Requires the Secretary of Veterans Affairs to develop and implement a pain care initiative in all health care facilities of the Department of Veterans Affairs.
United States · United States Congress · 1 March 2005
English Language Unity Act of 2005 - Declares English to be the official language of the United States. Establishes the affirmative obligation of the representatives of the Federal Government to preserve and enhance the role of the English language as the Government's official language. Requires the official functions of the Government to be conducted in English. Requires: (1) a uniform English language testing standard for U.S. naturalization; and (2) all naturalization ceremonies to be conducted in English. Sets forth exceptions to, and rules of construction for, such requirements. Authorizes persons injured by violations of this Act to obtain appropriate relief in civil actions. Declares, as a general rule of construction, that English language requirements and workplace policies, whether in the public or private sector, shall be presumptively consistent with the laws of the United States. Requires the Secretary of Homeland Security to issue for public notice and comment a proposed rule for uniform testing of the English language ability of candidates for naturalization based upon the principles that: (1) all citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the Laws of the United States; and (2) any exceptions to this standard should be limited to extraordinary circumstances, such as asylum.
United States · United States Congress · 1 March 2005
Chiropractic Health Parity for Military Beneficiaries Act - Directs the Secretary of Defense, no later than August 31, 2005, to complete development of a plan to provide chiropractic health care services and benefits, as a permanent part of the TRICARE program (a Department of Defense managed health care program), for covered beneficiaries. Requires plan implementation by January 31, 2006.
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.
![Official portrait of Rep. Platts, Todd Russell [R-PA-19]](https://www.congress.gov/img/member/p000585_200.jpg)