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![Official portrait of Rep. Price, Tom [R-GA-6]](https://www.congress.gov/img/member/p000591_200.jpg)
United States · Official source
1,313 records where Rep. Price, Tom [R-GA-6] is listed as a sponsor, author, or other actor. Search with topics and years
United States · United States Congress · 14 April 2005
Community Pharmacy Fairness Act of 2005 - Provides that antitrust laws shall apply to negotiations between groups of independent pharmacies and health plans and health insurance issuers in the same manner as such laws apply to collective bargaining by labor organizations under the National Labor Relations Act.
United States · United States Congress · 14 April 2005
Obligation of Funds Transparency Act of 2005 - Prohibits a Federal agency from obligating funds made available in an appropriation Act to implement an earmark that is included in a congressional report accompanying such Act, unless the earmark is also included in that Act. Amends the Rules of the House of Representatives to prohibit waiver of the germaneness requirement for conference reports by a report by the Committee on Rules, unless approved by a vote of three-fifths of the Members voting, with a quorum being present. Limits debate on such a question to 20 minutes equally divided by a proponent and an opponent. States that the above also applies in the case of a special rule that waives all (or specified) points of order. Prohibits the Committee on Rules from reporting a rule or order waiving the above amendment to the rules.
United States · United States Congress · 14 April 2005
Recognizes that: (1) the current third-party model of health care delivery is expensive and prevents individuals from having immediate control and ownership over critical health care decisions; (2) the current model's flaws contribute to the number of uninsured in the United States; and (3) defined contribution plans provide patients greater power to select their health care provider and preferred treatment. Recommends that Congress move the Nation's current health care delivery system toward a defined contribution system.
United States · United States Congress · 14 April 2005
Recognizes Arthur Miller's extraordinary contributions to American literature and theater. Honors him as a great American and pioneer in the annals of American history. Commends the University of Michigan for its commitment to build the Arthur Miller Theatre, a fitting monument to one of its most distinguished alumni.
United States · United States Congress · 12 April 2005
Faster and Smarter Funding for First Responders Act of 2005 - Amends the Homeland Security Act of 2002 to set forth provisions governing Department of Homeland Security (DHS) grant funding for first responders pursuant to the State Homeland Security Grant Program, the Urban Area Security Initiative, the Law Enforcement Terrorism Prevention Program, and the Citizen Corps Program. Requires the Secretary of Homeland Security to establish clearly defined essential capabilities for State and local government preparedness for terrorism. Sets forth factors to address in establishing such capabilities. Lists critical infrastructure sectors and types of threats that the Secretary shall specifically consider. Directs the Secretary to establish a Task Force on Essential Capabilities for First Responders. Makes eligible for a covered grant any State, region, or directly eligible tribe. Sets forth grant application procedures and requirements. Requires the Secretary to establish a First Responder Grants Board. Lists authorized uses of covered grants. Sets the Federal share of the costs of activities carried out under covered grants at 100 percent of the total for the two-year period following enactment of this Act and at 75 percent thereafter. Requires each covered grant recipient to submit annual reports on homeland security spending. Establishes penalties for States that fail to pass through to local governments, first responders, and other local groups funds or resources as required by this Act within 45 days of receipt. Directs the Secretary to promulgate national voluntary consensus standards for grant-funded first responder equipment and training. Expresses the sense of Congress regarding Citizen Corps councils.
United States · United States Congress · 12 April 2005
Real Estate Investment Thrift Savings Act - Amends Federal law relating to the Federal Employees' Retirement System to provide for the establishment of a Real Estate Stock Investment Fund under the Thrift Savings Plan.
United States · United States Congress · 12 April 2005
Collegiate Housing and Infrastructure Act of 2005 - Amends the Internal Revenue Code to allow tax-exempt charitable or educational organizations to make collegiate housing and infrastructure improvement grants to certain tax-exempt social clubs (e.g., college fraternities and sororities) so long as all of the active members of such clubs are full-time students at the college or university with which such clubs are associated. Defines "collegiate housing and infrastructure grants" to include grants to provide, improve, operate, or maintain collegiate housing.
United States · United States Congress · 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
Heroes Earned Retirement Opportunities Act - Amends the Internal Revenue Code to include combat zone compensation (otherwise excludable from gross income) as earned income for purposes of calculating the tax deduction for contributions to retirement savings plans.
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 · 17 March 2005
Expresses the sense of the House of Representatives that Congress should implement reforms to the Social Security system in 2005, and such reforms should: (1) take effect at the earliest possible date; (2) provide long term solvency, while guaranteeing full, unchanged benefits to citizens 55 years of age or older; and (3) avoid increasing taxes or tax rates.
United States · United States Congress · 16 March 2005
Child Predator Act of 2005 - Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to: (1) expand the definition of "criminal offense against a victim who is a minor" to include every offense, whether Federal, State, local, tribal, foreign, or otherwise, that involves one or more of specified characteristics (such as kidnapping or sexual conduct), when committed against a minor; and (2) define "child predator" as a person who is convicted of such an offense that is sexual in nature, where the minor is age 13 or younger. Directs that State procedures require a child predator to: (1) report a change of residence within ten days; and (2) notify appropriate entities within that person's community, including schools, public housing, at least two media outlets, and law enforcement. Sets penalties of up to two years' imprisonment, a fine, or both, for violations. Requires the Federal Bureau of Investigation to disclose to the public, on a free-access Internet site, all information collected regarding each child predator, including a recent photograph. Requires the site to: (1) include a feature under which a member of the public can specify an address and be provided with registration information of all such predators within a radius of that address, as well as other searching and sorting capabilities; and (2) display the information in a manner that clearly indicates that the person is a child predator, along with the statutory definition of that term.
United States · United States Congress · 16 March 2005
Support our Scouts Act of 2005 - Prohibits any Federal law from being construed to limit any Federal agency from providing any form of support for a youth organization (including the Boy Scouts of America or any group officially affiliated with the Boy Scouts of America) that would result in that Federal agency providing less support to that youth organization (or any similar organization chartered under Federal law relating to the Boy Scouts of America) than was provided during each of the preceding four fiscal years. Amends the Housing and Community Development Act of 1974 to prohibit any State or unit of general local government that has a designated open forum, limited public forum, or nonpublic forum and that is a recipient of assistance under the Act from denying equal access or a fair opportunity to meet to, or discriminate against, any youth organization, including the Boy Scouts of America or any group officially affiliated with the Boy Scouts of America, that wishes to conduct a meeting or otherwise participate in that designated open forum, limited public forum, or nonpublic forum.
United States · United States Congress · 15 March 2005
527 Fairness Act of 2005 - Amends the Federal Election Campaign Act of 1971 to: (1) repeal the aggregate limit on contributions by individuals; (2) increase the limits for House and Senate candidates facing wealthy opponents; (3) repeal the limit on the amount of party expenditures on behalf of candidates in general elections; (4) index limits on the amount of contributions made to or by multicandidate political committees; (5) permit expenditures for certain targeted electioneering communications by specified kinds of organizations; (6) permit corporations and labor organizations to solicit political contributions from members by communications of any sort (currently, only by mail); and (7) permit State and local political parties to use nonfederal funds for voter registration and sample ballots.
United States · United States Congress · 15 March 2005
Responsible Lending Act - Mortgage Lending Improvements and Uniform National Standards Act - Amends the Truth in Lending Act to define higher-cost mortgage. Sets forth related provisions with respect to: (1) requirements for higher-cost mortgages; (2) dispute and error resolution; (3) damages, rescission and liability; (4) State law coordination; (5) State enforcement authority; (6) prepayment penalties and late charges; and (7) consumer counseling. Expanding Housing Opportunities Through Education and Counseling Act - Amends the Department of Housing and Urban Development Act to establish, in the Office of the Secretary of Housing and Urban Development (HUD), the Office of Housing Counseling. Directs the Office to carry out HUD homeownership and rental counseling functions, including related research, grant administration, public outreach, and development of policy and performance measures. Amends the Housing and Urban Development Act of 1968 to direct the Secretary to: (1) establish homeownership and rental counseling procedures, and a related a toll-free telephone number and World Wide Web site; (2) certify computer software programs for consumer evaluation of residential mortgage loans; (3) establish a housing counseling multimedia outreach program for vulnerable populations; (4) assist States, local government, and non-profit organizations with consumer education programs about mortgage, refinancing, home equity, or home repair loans; and (5) make grants for State, local government, and nonprofit organization housing counseling assistance. Requires organizations to use HUD-certified counselors in order to qualify for specified HUD assistance. Amends the Real Estate Settlement Procedures Act of 1974 to: (1) revise the mortgage information booklet; (2) set forth prohibitions on a servicer of a federally related mortgage; and (3) prohibit a creditor from providing a higher-cost mortgage to any consumer without first obtaining a written appraisal of the property. Amends the Truth in Lending Act to require a creditor in certain transactions secured by a residence to establish an escrow or impound account for taxes and hazard insurance payments. Directs: (1) the Secretary to conduct studies of mortgage servicing fraud, and home loan default and foreclosures; and (2) the Government Accountability Office (GAO) to conduct an appraisal process study. Directs the Secretary to establish: (1) a national mortgage broker database; and (2) Federal mortgage broker requirements. Sets forth uniform State mortgage broker law guidelines, and states that Federal requirements shall apply to those States that have not enacted uniform laws. Sets forth liability provisions for intentional unlawful disclosures, with a good faith exception.
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
Government Labor Neutrality Act of 2005 - Amends the National Labor Relations Act to prohibit Federal, State, and local governments from either requiring or prohibiting an agreement with a labor organization by an employer in the construction industry in connection with any construction, alteration, painting, or repair work. Applies such prohibition to Federal agencies or departments, agents acting on the Federal Government's behalf, recipients of Federal grants or financial assistance, persons who have entered into cooperative agreements with the Federal Government, and State or local governments.
United States · United States Congress · 10 March 2005
Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal collectively to the Tuskegee Airmen in recognition of their unique military record, which inspired revolutionary reform in the Armed Forces.
United States · United States Congress · 10 March 2005
Security and Fairness Enhancement for America Act of 2005 or the SAFE for America Act - Amends the Immigration and Nationality Act to eliminate the diversity immigrant program.
United States · United States Congress · 9 March 2005
Federal Deposit Insurance Reform Act of 2005 - Requires the merger of the Bank Insurance Fund and the Savings Association Insurance Fund into the Deposit Insurance Fund. Amends the Federal Deposit Insurance Act (FDIA) and the Federal Credit Union Act to: (1) increase the amount of deposit insurance coverage; (2) couple such increase with an inflation adjustment; (3) double the amount of deposit insurance for certain retirement accounts; and (4) increase the maxzimum amount of deposit insurance coverage for in-State municipal deposits. Amends the FDIA to replace assessment guidelines for achieving and maintaining a designated reserve ratio and for independent treatment of deposit insurance funds with a requirement that the Board of Directors of the FDIC set assessments as it determines appropriate, including a maximum base rate for assessments at one basis point for insured depository institutions in the lowest-risk category. Reduces from five years to three years the mandatory assessment recordkeeping period. Replaces the current 1.25 percent statutory reserve ratio used to recapitalize undercapitalized insurance funds with a reserve ratio range of 1.15 to 1.4 percent of estimated insured deposits, subject to specified factors and annual redetermination. Instructs the FDIC to establish a Deposit Insurance Fund Restoration Plan to ensure adequate reserves whenever the actual ratio in the DIF falls below the designated reserve ratio. Directs the FDIC to conduct a bi-annual survey on efforts by insured depository institutions to bring into the conventional finance system those "unbanked" individuals and families who have rarely, if ever, held a checking account, a savings account, or other type of transaction or check cashing account at an insured depository institution.
United States · United States Congress · 8 March 2005
Incapacitated Persons Legal Protection Act of 2005 - Amends the Federal judicial code to extend habeas corpus protections to persons who are subject to a court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain the person's life. Deems persons having custody in such cases to encompass parties so authorized or directed. States that there shall be no requirement to produce the body of the incapacitated person at the hearing. Exempts from this Act those cases in which the incapacitated person indisputably executed a written advance directive while having capacity that clearly authorized the withholding or withdrawal of food, fluids, or necessary medical treatment. Defines "incapacitated person" to mean an individual presently incapable of making relevant decisions concerning the provision, withholding, or withdrawal of food, fluids, or medical treatment under applicable State law.
United States · United States Congress · 3 March 2005
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
Union Member Information Enforcement Act - Amends the Labor-Management Reporting and Disclosure Act of 1959 to direct the Secretary of Labor to: (1) investigate any written complaint of a member alleging that a labor organization has violated requirements to inform its members of their rights; and (2) without disclosing the identity of the complainant, bring a civil action for relief upon determining that such violation has occurred and has not been remedied.
United States · United States Congress · 3 March 2005
Labor-Management Accountability Act - Amends the Labor-Management Reporting and Disclosure Act of 1959 to authorize the Secretary of Labor, upon finding a violation of specified reporting and disclosure requirements (regarding constitution and bylaws, financial reports, securities, reports of the employer, and trusteeships), to require the person, labor organization, or employer responsible to pay a civil money penalty in an amount determined under a schedule that takes into account the nature of the violation involved, the existence of previous violations, and the responsible entity's revenues. Prohibits the Secretary from making any determination adverse to a person, labor organization, or employer until such person or entity has been given written notice and an opportunity to be heard. Specifies review procedures.
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.
United States · United States Congress · 3 March 2005
Union Members Right-to-Know Act - Amends the Labor-Management Reporting and Disclosure Act of 1959 to require a labor organization to provide information on the Act to: (1) each new member within 90 days after the member has joined the labor organization; and (2) all members periodically in a manner which the Secretary of Labor determines will promote a fuller understanding of the member's rights and judicial remedies under the Act.
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
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 · 17 February 2005
Stroke Treatment and Ongoing Prevention Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to carry out a national education campaign to promote stroke prevention and increase the number of stroke patients who seek immediate treatment. Requires the Secretary, acting through the Centers for Disease Control (CDC), to maintain the Paul Coverdell National Acute Stroke Registry and Clearinghouse by collecting specific data points and benchmarks for stroke care analysis and by compiling and disseminating information on State, local, and private care system achievements and problems. Defines "stroke" as an attack in which blood flow to the brain is interrupted or in which a blood vessel or aneurysm in the brain breaks or ruptures. Includes stroke and traumatic injury prevention, diagnosis, and treatment within the grant program for emergency medicine residency training. Authorizes the Secretary, through the Administrator of the Health Resources and Services Administration (HRSA), to make grants to qualified entities for education programs for health care professionals in the use of diagnostic approaches, technologies, and therapies for stroke and traumatic injury prevention, diagnosis, treatment, and rehabilitation. Gives preference to qualified entities that will train professionals that serve areas with a significant incidence of stroke or traumatic injuries. Authorizes the Secretary, through the Director of the Office for the Advancement of Telehealth, to make up to seven grants to States and to consortia of public and private entities in any non-grantee State to conduct a five-year pilot project to improve stroke patient outcomes by coordinating health care through telehealth networks.
United States · United States Congress · 17 February 2005
Identification Integrity Act of 2005 - Prohibits Federal agencies from accepting for any official purpose an identification document for an individual issued by a foreign government. Creates an exception for foreign passports authorized by Federal law to be accepted for a specific official purpose.
United States · United States Congress · 17 February 2005
Secret Ballot Protection Act of 2005 - Amends the National Labor Relations Act to make it an unfair labor practice for: (1) an employer to recognize or bargain collectively with a labor organization that has not been selected by a majority of the employees in a secret ballot election conducted by the National Labor Relations Board; and (2) a labor organization to cause or attempt to cause an employer to recognize or bargain collectively with a representative that has not been selected in such manner.
United States · United States Congress · 17 February 2005
Bipartisan Commission on Medicaid Act of 2005 - Establishes the Bipartisan Commission on Medicaid to review: (1) each of Medicaid's major functional responsibilities; (2) issues that either threaten or improve the long-term financial condition of Medicaid; (3) Federal and State policies for Medicaid and Medicare enrollment (including enrollment sites), income eligibility, outreach, and documentation; (4) the operation and effectiveness of Medicaid premium assistance programs; and (5) Medicaid payment policies.
United States · United States Congress · 17 February 2005
Death Tax Repeal Permanency Act of 2005 - Declares that the sunset provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, which terminate its application to estates of decedents dying, gifts made, or generation skipping transfers, after December 31, 2010, shall not in fact apply to title V of such Act, which repeals estate and generation-skipping transfer taxes. (Thus makes the repeal of such taxes permanent.)
United States · United States Congress · 16 February 2005
Federal Youth Coordination Act - Establishes a Federal Youth Development Council to improve administration and coordination of Federal programs serving youth. Authorizes the Council to provide technical assistance and make grants to States to support State councils for coordinating State youth efforts.
United States · United States Congress · 15 February 2005
Protection of Lawful Commerce in Arms Act - Prohibits a qualified civil liability action from being brought in any state or federal court against a manufacturer or seller of a firearm, ammunition, or a component of a firearm that has been shipped or transported in interstate or foreign commerce (or against a trade association of such manufacturers or sellers) for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of a firearm. Requires pending actions to be dismissed. Excludes actions: (1) brought against a person who has been convicted of transferring a firearm knowing that it would be used to commit a crime of violence or a drug trafficking crime, by a party directly harmed by such crime; (2) brought against a seller for negligent entrustment or negligence per se; (3) in which a manufacturer or seller of a firearm knowingly violated a state or federal statute applicable to the sale or marketing of the firearm, if the violation was a proximate cause of the harm for which relief is sought; (4) for breach of contract or warranty in connection with the purchase of the firearm; or (5) for death, physical injuries, or property damage resulting directly from a defect in design or manufacture of the firearm when used as intended or in a reasonably foreseeable manner, except that if the discharge was caused by a volitional act that constituted a criminal offense, such act shall be considered the sole proximate cause of any resulting death, personal injury, or property damage.
United States · United States Congress · 15 February 2005
Animal Fighting Prohibition Enforcement Act of 2005 - Amends the Federal criminal code to prohibit: (1) sponsoring or exhibiting a bird in a fighting venture in a State where it would not otherwise be in violation of the law, only if the person knew that any bird in the venture was knowingly bought, sold, delivered, transported, or received in interstate or foreign commerce for such purpose; or (2) knowingly sponsoring or exhibiting in an animal fighting venture any other animal that was moved in interstate or foreign commerce. Prohibits knowingly: (1) selling, buying, transporting, delivering, or receiving, for purposes of transportation in interstate or foreign commerce, any dog or other animal to participate in an animal fighting venture; (2) using interstate mail service for commercial speech promoting an animal fighting venture except as performed outside the limits of the States (with an exception for bird fights in States whose laws allow them); or (3) selling, buying, transporting, or delivering in interstate or foreign commerce a knife, gaff, or other sharp instrument to be attached to the leg of a bird for use in an animal fighting venture. Increases the penalties to a fine and up to two years' imprisonment for violations.
United States · United States Congress · 15 February 2005
Amends the Jobs and Growth Tax Relief Reconciliation Act of 2003 to make the reductions in capital gains rates permanent.
United States · United States Congress · 10 February 2005
Directs the Attorney General to create a national register of cases of child abuse or neglect (abuse), with the information in the register supplied by States or political subdivisions. Requires the register to collect information on children reported as abused in a central electronic database. Requires: (1) information provided to the Attorney General to relate to substantiated reports of abuse; (2) each State to determine whether such information also relates to reports of suspected instances of abuse that were unsubstantiated or unfounded, except that if a State has an equivalent electronic register of abuse cases, the information provided to the Attorney General shall be coextensive with information in such register; and (3) the information to be in a standardized electronic form and to contain case-specific identifying information. Directs the Attorney General to establish standards for the dissemination of information in the national register that preserve the confidentiality of records in order to protect the rights of the child and the child's parents or guardians while ensuring that Federal, State, and local government entities have access to such information in order to carry out their legal responsibilities to protect children from abuse. Makes compliance with this Act a condition precedent to receipt of funds under the Child Abuse Prevention and Treatment Act.
United States · United States Congress · 10 February 2005
Occupational Safety and Health Independent Review of OSHA Citations Act of 2005 - Amends the Occupational Safety and Health Act of 1970 (OSH Act) to revise judicial review provisions to require deference to be given to reasonable conclusions of the Occupational Safety and Health Review Commission (OSHRC), with respect to all questions of law that are subject to agency deference under governing court precedent relating to citations issued by the Occupational Safety and Health Administration (OSHA) against businesses for violations of the OSH Act.
United States · United States Congress · 10 February 2005
Occupational Safety and Health Small Business Day in Court Act of 2005 - Amends the Occupational Safety and Health Act of 1970 to revise a requirement that, if an employer fails to file a notice of contest within 15 working days following the issuance of a citation or proposed assessment of a penalty, the citation or assessment becomes a final order not subject to review. Provides for an exception if such failure results from mistake, inadvertence, surprise, or excusable neglect.
United States · United States Congress · 10 February 2005
Occupational Safety and Health Review Commission Efficiency Act of 2005 - Amends the Occupational Safety and Health Act of 1970 to increase the membership of the Occupational Safety and Health Review Commission (OSHRC) from three to five. Includes an individual's legal training among possible qualifications for OSHRC membership. Authorizes the President to extend for up to 365 days the term of an OSHRC member until a nominated successor is confirmed to serve by the Senate.
United States · United States Congress · 10 February 2005
Occupational Safety and Health Small Employer Access to Justice Act of 2005 - Amends the Occupational Safety and Health Act of 1970 (OSH Act) to provide for the award of attorney's fees and costs to certain small employers when they prevail in specified administrative or court proceedings. Requires such awards to prevailing employers if they had not more than 100 employees and a net worth of not more than $7 million at the time of: (1) the initiation of the administrative proceedings (in the case of an adversary adjudication); or (2) the filing of the action addressed in the court proceedings (in the case of judicial review of an administrative action). Provides for such awards without regard to whether the position of the Secretary of Labor or the Federal Government was substantially justified or whether special circumstances make an award unjust.
United States · United States Congress · 10 February 2005
Expresses support for the goals and ideals of National MPS Awareness Day (February 25th) (mucopolysaccharidosis and mucolipidosis disorders are genetically determined lysosomal storage disorders that result in the inability of the body to produce certain enzymes needed to break down complex carbohydrates).
United States · United States Congress · 9 February 2005
Citizenship Reform Act of 2005 - Amends the Immigration and Nationality Act to limit automatic citizenship at birth to a child born in the United States who: (1) was born in wedlock to a parent either of whom is a U.S. citizen or national, or is an alien lawfully admitted for permanent residence who maintains such residence; or (2) was born out of wedlock to a mother who is a U.S. citizen or national, or is an alien lawfully admitted for permanent residence who maintains such residence. Defines "born in wedlock" to exclude common law marriages.
United States · United States Congress · 8 February 2005
College Access and Opportunity Act of 2005 - Amends the Higher Education Act of 1965 (HEA) to revise and reauthorize various programs. Revises the definition of institution of higher education to eliminate: (1) a requirement that for-profit institutions of higher education derive at least ten percent of their revenue from funds that do not come from HEA title IV student assistance programs (the 90/10 rule); and (2) a restriction on distance education in terms of relative number of courses an institution may offer by telecommunications, and relative number of students enrolled in such courses, for purposes of student assistance program eligibility (the 50 percent rule). Allows for-profit institutions to compete with traditional institutions in applying for campus-based aid. Revises HEA title IV (Student Assistance) to: (1) require a variable rather than a fixed interest rate for consolidation loans; (2) reduce loan origination fees; (3) increase subsidized loan limits; and (4) modify need analysis requirements. Establishes: (1) Pell Grants Plus grants for State scholar students; (2) policies for institutions' transfer of credits; (3) a college access initiative; (4) an expanded distance education demonstration; and (5) a college affordability demonstration. Cancels student loan indebtedness for families of 9/11 victims. Reauthorizes appropriations for HEA title: (1) II, teacher quality enhancement grants for States and partnerships, grants for preparing teachers to use technology, and new centers of excellence for recruiting and preparing teachers; (2) III, grants for American Indian tribally controlled colleges and universities, Alaska Native and Native Hawaiian-serving institutions, and historically Black colleges and universities; (3) IV student assistance, including Pell grants, TRIO, GEAR UP, supplemental educational opportunity grants, LEAP, HEP/CAMP, Byrd scholarships, child care access, Federal Family Education Loans, work-study, Direct Loans, and Perkins Loans; (3) V, developing institutions grants for Hispanic-serving institutions; (4) VI, international education programs, including international and foreign language studies, business and international education, and the Institute for International Public Policy; and (5) VII, graduate and postsecondary improvement programs, including Jacob K. Javits fellowships, graduate assistance in areas of national need, Thurgood Marshall legal educational opportunity assistance, the Fund for the Improvement of Postsecondary Education, and projects ensuring a quality higher education for students with disabilities (eliminates the Urban Community Service program and certain continuation awards). Reauthorizes appropriations for various programs under the Education of the Deaf Act of 1986, Higher Education Amendments of 1998, Tribally Controlled College or University Assistance Act of 1978, Navajo Community College Act, and Education Amendments of 1992.
United States · United States Congress · 2 February 2005
Voter Confidence and Increased Accessibility Act of 2005 - Amends the Help America Vote Act of 2002 with respect to: (1) voter verification and mandatory paper record audit capacity; and (2) accessibility and voter verification of results for individuals with disabilities. Requires the Election Assistance Commission to study, test, and develop best practices to enhance the accessibility of voter-verification mechanisms for individuals with disabilities and for voters whose primary language is not English, including best practices for the mechanisms themselves and the process through which the mechanisms are used. Outlines additional voting system requirements. Requires laboratories to meet standards prohibiting conflicts of interest as a condition of accreditation for the testing of voting system hardware and software. Provides for the filing of complaints by aggrieved persons with the Attorney General. Extends the authorization of Election Assistance Commission permanently. Makes available additional funding to enable States to meet the costs of the requirements imposed by this Act. Directs the Election Assistance Commission to conduct random, unannounced, hand counts of the voter-verified records for each Federal general election in at least two percent of the precincts in each State. Requires Federal certification of the technological security of voter registration lists.
United States · United States Congress · 2 February 2005
Personal Responsibility in Food Consumption Act - Prohibits new and dismisses pending civil actions by any person against a manufacturer or seller of food or a trade association for any injury resulting from a person's consumption of food and weight gain, obesity, or any associated health condition, excluding actions alleging: (1) a knowing and willful violation of a Federal or State statute applicable to the manufacturing, marketing, distribution, advertisement, labeling, or sale of food where the violation was a proximate cause of injury related to a person's weight gain, obesity, or related health condition; (2) a breach of express contract or express warranty in connection with the purchase of food; or (3) a violation under the Federal Trade Commission Act or the Federal Food, Drug, and Cosmetic Act. Requires, in any action alleging such a violation of an applicable Federal or State statute or a breach of express contract or express warranty: (1) a stay of discovery during the pendency of any motion to dismiss, unless necessary to preserve evidence or to prevent undue prejudice; and (2) document preservation during the stay. Requires the complaint in an action alleging such a violation of an applicable statute to plead with particularity the Federal and State statutes that were allegedly violated and the facts that are alleged to have proximately caused the injury claimed.
United States · United States Congress · 2 February 2005
Right to Life Act - Declares that the right to life guaranteed by the Constitution is vested in each human being. Defines "human being" (and "human person") to encompass all stages of life, including but not limited to the moment of fertilization or cloning.
United States · United States Congress · 2 February 2005
Class Action Fairness Act of 2005 - Amends the Federal judicial code to specify the calculation of contingent and other attorney's fees in proposed class action settlements that provide for the award of coupons to class members. Prohibits a Federal district court from approving: (1) a proposed coupon settlement absent a finding that the settlement is fair, reasonable, and adequate; (2) a proposed settlement involving payments to class counsel that would result in a net monetary loss to class members, absent a finding that the loss is substantially outweighed by nonmonetary benefits; (3) a proposed settlement that provides greater sums to some class members solely because they are closer geographically to the court; or (4) a proposed settlement that provides for the payment of a greater share of the award to a class representative versus other class members. Grants district courts original jurisdiction of any civil action in which the matter in controversy exceeds $5 million, exclusive of interest and costs, and that is between citizens of different States or between citizens of a State and a foreign State or its citizens or subjects. Lists those factors pursuant to which a district court may decline to exercise jurisdiction over a class action. Sets forth provisions governing the removal of interstate class actions to Federal district court and the review on appeal of remand orders. Grants the Federal courts of appeals jurisdiction to hear appeals of class action certification orders if notice of appeal is filed within 10 days of entry of such an order. Requires discovery and other proceedings to be stayed during the pendency of an appeal unless the court finds that specific discovery is necessary to preserve evidence or to prevent undue prejudice.
United States · United States Congress · 2 February 2005
National Fisheries Mitigation Coordination Act - Directs a sponsor agency (the U.S. Army Corps of Engineers, the Bureau of Reclamation, or the Tennessee Valley Authority) to pay to the U.S. Fish and Wildlife Service mitigation fishery costs associated with carrying out the fishery mitigation plan for a water development project developed between the Service and one or more sponsor agencies. Defines mitigation fishery costs as the expenditures necessary to operate, maintain, and rehabilitate facilities to conduct mitigation fishery activities, including the rearing and stocking of native and nonnative fish to replace or maintain harvest levels lost as a result of Federal water resource development projects.