United States · United States Congress · 4 May 2005
Veterans' Heritage Firearms Act of 2005 - Provides a 90-day amnesty period during which veterans and their family members can register in the National Firearms Registration and Transfer Record any firearm acquired before October 31, 1968, by a veteran while a member of the armed forces stationed outside the continental United States. Grants such an individual limited immunity under the Federal criminal code and the Internal Revenue Code with respect to the acquisition, possession, transportation, or alteration of such firearm before or concurrent with such registration. Extends such immunity to a veteran who attempts to register a qualifying firearm outside of the amnesty period if the veteran surrenders the firearm within 30 days after being notified of potential criminal liability for continued possession. Requires the Attorney General to: (1) transfer each firearm qualifying as a curio or relic which has been forfeited to the United States to the first qualified museum that requests it; and (2) publish information identifying each such firearm which is available to be transferred to a museum. Prohibits the Attorney General from destroying any such firearm which has been forfeited until five years after the forfeiture. Requires that any firearm transferred to a qualified museum be registered to the transferee. Makes a prohibition against transfer or possession of a machine-gun inapplicable to a transfer to or by, or possession by, a museum which is open to the public and incorporated as a not-for-profit corporation under applicable State law.
United States · United States Congress · 3 May 2005
Amends the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 to declare that, if the following conditions exist, the presumption of abuse guidelines do not apply and the bankruptcy court is prohibited from dismissing or converting a Chapter 7 petition based on any form of means testing: (1) while the debtor is on, and during the 180-day period after release from active duty in the U.S. military service; or (2) while the debtor is performing, and during the 180-day period after the debtor is no longer performing, a homeland defense activity performed for at least 60 days; and (3) if after September 11, 2001, the debtor was called to active duty or performed homeland defense activity, while a member of a reserve component of the Armed Forces or a member of the National Guard.
United States · United States Congress · 3 May 2005
Community Banks Serving Their Communities First Act, or the Communities First Act - Sets forth regulatory relief measures for community banks, including amendments to: (1) the Home Mortgage Disclosure Act to increase from $10 million to $250 million the asset levels of depository institution and home mortgage lenders that are exempt from disclosure requirements; (2) the Federal Deposit Insurance Act to permit certain insured depository institutions to submit a short form report of condition; and (3) the Sarbanes-Oxley Act of 2002 to exempt certain small-sized depository institutions from management assessment of internal controls requirements. Directs the Federal Reserve Board to publish proposed revisions to the Small Bank Holding Company Policy Statement on Assessment of Financial and Managerial Factors that provide that: (1) the policy shall apply to a bank holding company with pro forma consolidated assets of less than $1 billion that meets specified criteria; and (2) the debt-to-equity ratio allowable for a small bank holding company to remain eligible to pay a corporate dividend and for expedited processing procedures would increase from 1:1 to 3:1. Amends the Federal Deposit Insurance Act to increase from $250 million to $1 billion the asset size of institutions eligible for Federal banking examinations conducted at intervals subject to discretion of the appropriate Federal banking agency. Amends the Federal Reserve Act to increase from $1 million to $1 billion of total assets the size of small banks exempt from the limitation placed on extensions of credit to executive officers, director and principal shareholders. Amends the Community Reinvestment Act of 1977 to increase from $250 million to $1 billion the size of financial institutions eligible for a less frequent examination schedule. Amends the Truth in Lending Act to direct the Board of Governors of the Federal Reserve System to prescribe regulations authorizing a consumer to waive the statutory three-day right of rescission in connection with a consumer credit transaction when the creditor is an insured depository institution. Amends the Home Mortgage Disclosure Act to exempt from its recordkeeping and public disclosure requirements a depository institution that makes fewer than 100 reportable loans annually. Amends the Gramm-Leach-Bliley Act to exempt specified financial institutions from the requisite annual disclosure of privacy policy. Amends the Federal Deposit Insurance Act to direct the Federal Deposit Insurance Corporation to review reports of condition periodically and reduce filings of related information or schedules pursuant to specified determinations. Amends the Federal Reserve Act to prohibit the aggregate amount of credit extensions that a member bank may make to an executive officer of the bank from exceeding $250,000. Amends the Internal Revenue Code to: (1) provide reduced tax rates and deferral of income recognition on long-term certificates of deposit; (2) exclude from gross income interest received by a qualified lender on any qualified real estate loan; (3) increase from $10 million to $30 million the cap on qualified small issue bonds; (4) provide limited liability company tax treatment for FDIC-insured limited liability companies; (5) provide a tax reduction on a C corporation which is a community bank; and (6) exempt community banks from the alternative minimum tax..
United States · United States Congress · 3 May 2005
Amends the Internal Revenue Code to exclude from the gross income of an employee covered under a high deductible health care plan a distribution from such employee's qualified retirement plan to fund a health savings account. Exempts such a distribution from the 10 percent penalty on early distributions from qualified retirement plans.
United States · United States Congress · 28 April 2005
Partners for Fish and Wildlife Act - Requires the Secretary of the Interior to carry out the Partners for Fish and Wildlife Program within the U.S. Fish and Wildlife Service to provide assistance to private landowners for voluntary projects to benefit Federal trust species by promoting habitat improvement, restoration, enhancement, and establishment. Defines "Federal trust species" to include migratory birds, threatened and endangered species, interjurisdictional fish, marine mammals, and other species of concern.
United States · United States Congress · 28 April 2005
Waives points of order against the consideration of the conference report on H.Con.Res. 95 (establishing the congressional budget for FY 2006). Makes it out of order for a motion that the Committee of the Whole rise and report a bill to the House of Representatives if the bill, as amended, exceeds an applicable allocation of new budget authority under the Congressional Budget Act of 1974, as estimated by the Committee on the Budget. Requires the Chair of the Committee to put the question regarding the motion if a point of order is sustained. Excludes from such prohibition a motion offered under rule XXI (Restrictions on Certain Bills) of the Rules of the House or after disposition of the question on a given bill. Makes it out or order, if a question is decided in the negative, for a further amendment except: (1) one proper amendment, under specified conditions; and (2) pro forma amendments, if offered by the chairman or ranking minority member of the Committee on Appropriations or their designees, for debate purposes.
United States · United States Congress · 27 April 2005
Disaster Recovery Act of 2005 - Requires the Secretary of Homeland Security, acting through the Director of the Federal Emergency Management Agency, to pay an eligible disaster relief applicant 50 percent of the Federal share of assistance for which the applicant is eligible under specified sections of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, within 60 days after the applicant files a claim for such assistance. Requires authorized reimbursement for clearing and removing debris to include reimbursement for clearing, removing, and disposing of debris from any emergency access road. Authorizes Federal assistance for removing, clearing, and disposing of debris from private property.
United States · United States Congress · 27 April 2005
Telephone Excise Tax Repeal Act of 2005 - Amends the Internal Revenue Code to repeal the excise tax on communication services (i.e., local telephone service, toll telephone service, and teletypewriter exchange service).
United States · United States Congress · 27 April 2005
Waives a specified requirement of rule XIII to: (1) provide for consideration or disposition of the conference report on H.Con.Res. 95 (establishing the congressional budget for FY 2006); or (2) establish a separate order relating to budget enforcement.
United States · United States Congress · 26 April 2005
Truth in Employment Act of 2005 - Amends the National Labor Relations Act to provide that nothing in specified prohibitions against unfair labor practices by employers shall be construed as requiring an employer to employ any person who seeks or has sought employment with the employer in furtherance of other employment or agency status.
United States · United States Congress · 21 April 2005
Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require employers at critical infrastructure sites to participate in the basic pilot (employment eligibility verification) program. Defines such employers as those employing individuals in a location that: (1) is a Federal, State, or local government building, a military base, a nuclear energy site, a weapon site, or an airport; or (2) contains critical infrastructure as determined by the Secretary of Homeland Security. Makes it unlawful for such employers to: (1) authorize an alien employee's access to critical infrastructure after receiving a notification of nonconfirmation from the commissioner of Social Security; or (2) fail to notify any other person or entity that has or may issue documentation authorizing the alien's access of such notification. Authorizes the use of information obtained pursuant to the basic pilot program for enforcement of the Immigration and Nationality Act and the Social Security Act. Allows the Secretary to authorize or require any person or entity responsible for granting access to, protecting, securing, operating, administering, or regulating critical infrastructure to use the basic pilot program for individuals seeking access if doing so will assist in protecting such infrastructure. Establishes enforcement procedures for noncompliance.
United States · United States Congress · 21 April 2005
Generating Opportunity by Forgiving Educational Debt for Service Act of 2005 - Amends the Internal Revenue Code to exclude from the gross income of Federal employees student loan repayments by the Federal Government on behalf of such employees. Exempts such repayments from social security taxes. Requires the Director of the Office of Personnel Management (OPM) to include in the annual report to Congress on student loan repayment benefits information identifying Federal agencies that have not provided such benefits.
United States · United States Congress · 19 April 2005
Amends the Department of Commerce and Related Agencies Appropriations Act, 1999 to prohibit U.S. courts from recognizing, enforcing, or otherwise validating any assertion of rights by an individual (currently, by a designated Cuban national) of a mark, trade name, or commercial name that was used in connection with a business or assets that were confiscated by the Cuban government unless the original owner of such mark or name, or such owner's bona fide successor, has expressly consented. Applies such prohibition only if the individual asserting the rights knew or had reason to know at the time of acquiring the rights asserted that the mark or name was the same or substantially similar to the mark or name used in connection with the business or assets that were confiscated.
United States · United States Congress · 13 April 2005
National Aquatic Invasive Species Act of 2005 - Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to establish aquatic invasive species prevention requirements for all vessels operating in U.S. waters. Requires the Secretary of Homeland Security to promulgate regulations for ballast water management standards and certification procedures. Directs the Aquatic Invasive Species Task Force to establish a priority pathway management program that identifies those pathways that pose the highest risk for the introduction of aquatic invasive species unless further managed. Prohibits the importation of live aquatic organisms of a species not in trade without specified screening and approval. Requires the Director of the United States Fish and Wildlife Service, the Administrator of the National Oceanic and Atmospheric Administration (NOAA), and the Administrator of the Environmental Protection Agency to implement a national system of ecological surveys for rapid early detection and monitoring of invasive species. Requires the Task Force to review and approve State rapid response contingency strategies. Requires the Invasive Species Council to establish a Federal rapid response team for each of the ten Federal regions. Requires the Assistant Secretary of the Army (Civil Works) to complete construction of and operate the Chicago River Ship and Sanitary Canal dispersal barrier project to prevent the spread of aquatic invasive species. Requires the Invasive Species Council to coordinate with the Task Force to combat aquatic invasive species. Requires the Task Force to recommend to appropriate Federal agencies additions to the list of aquatic invasive species. Requires the Task Force, the Council, and the Secretary of State to coordinate activities to ensure that international efforts to prevent and manage aquatic invasive species are coordinated with U.S. policies.
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 · 12 April 2005
Renewing the Dream Tax Credit Act - Amends the Internal Revenue Code to allow homebuilders and investors a general business tax credit for building or substantially rehabilitating residences for low and moderate-income individuals in certain areas, including a rural area, an Indian reservation, or an area of chronic economic distress. Sets forth rules for the calculation of such credit and its administration and allocation by the States.
United States · United States Congress · 6 April 2005
Electronic Duck Stamp Act of 2005 - Directs the Secretary of the Interior to conduct a three-year pilot program under which up to 15 States authorized by the Secretary may issue electronic migratory bird hunting and conservation stamps. Requires implementation of the program no later than one year after the beginning of the first full Federal migratory waterfowl hunting seasons after enactment of this Act and continuation of the program for three such seasons. Prohibits a State's participation in the program absent the Secretary's approval of an application providing details of the State's electronic stamp process. Requires the Secretary to publish: (1) deadlines for the submission of State applications; (2) eligibility requirements for program participation; and (3) criteria for selecting States for the program. Directs the Secretary to require participating States to: (1) provide an actual (paper) stamp to each individual to whom the State sells an electronic stamp by the date on which the electronic stamp expires; and (2) collect and transmit to the Secretary electronic stamp revenue and customer information. Authorizes participating States to charge a reasonable fee to cover program costs. Sets forth requirements for electronic stamps. Authorizes termination of a State's participation in the program by the Secretary, upon written notice, for violations of the terms of an approved application or by the State. Requires the Secretary to evaluate and report on the pilot program.
United States · United States Congress · 6 April 2005
Realistic Roofing Tax Treatment Act of 2005 - Amends the Internal Revenue Code to classify any roof system as 20-year property for depreciation purposes.
United States · United States Congress · 6 April 2005
Jessica Lunsford Act - Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to direct that State procedures include a process under which the State mails a nonforwardable verification form at least twice a year to the last known address of the person required to register as a sexually violent offender, to be returned within ten days after receipt, with failure to return the form within the period allowed punishable in the same manner as a failure to register. Requires a State prison officer, the court, or another responsible officer or official, if a person required to register is released from prison or placed on parole, supervised release, or probation, to: (1) notify the agency responsible for supervising the person that such person is required to register; and (2) provide that agency with the registration information relating to that person. Provides that a person required to register who has two or more convictions for failing to register or failing to keep such registration current shall, upon release from imprisonment, be required to wear a location-transmitting device (such as an anklet) at all times for not less than five years (ten years if the person is a sexually violent predator). Requires the State to frequently monitor the information transmitted. Sets forth provisions regarding compliance dates and loss of Federal funding for failure to implement this Act.
United States · United States Congress · 6 April 2005
Recreational Boaters Streamlined Inspection Act - Requires the Secretary of Homeland Security to establish an inspection program that uses a videophone system at specified points of entry in Florida through which: (1) a master of a recreational vessel may report to an appropriate official of the Department of Homeland Security (DHS) for purposes of the Tariff Act of 1930; and (2) a master and the passengers of such a vessel may report to an appropriate DHS official to satisfy requirements for lawful entry into the United States under immigration laws. Requires the program to be used only in a case in which the master of, and each passenger on, a recreational vessel is a U.S. citizen or lawful permanent resident. Provides that the program shall not affect the Secretary's authority to require such individual to wait for a customs inspection or to report the arrival of the vessel to the nearest customs facility or such other place as the Secretary may prescribe by regulations.
United States · United States Congress · 6 April 2005
Supports the organizers and participants of the historic meeting of the Assembly to Promote the Civil Society in Cuba in May 2005 in Havana. Urges: (1) the international community to support the Assembly's mission to bring democracy to Cuba; and (2) the Administration and international community to oppose any attempts by the Castro regime to repress Assembly organizers and participants. Shares the Assembly's pro-democracy ideals.
United States · United States Congress · 17 March 2005
Firearm Commerce Modernization Act - Amends Federal firearms provisions to permit a licensed importer, manufacturer, dealer, or collector to: (1) sell or deliver a firearm (currently, a rifle or shotgun) to a resident of a State other than a State in which the licensee's place of business is located or temporarily located if the transferee meets in person with the transferor to accomplish the transfer; and (2) conduct business temporarily at any gun show or event sponsored by any national, State, or local organization, or any affiliate devoted to the collection, competitive use, or other sporting use of firearms (currently, only at such a location in the State specified on the person's license). Provides that nothing in the Act shall be construed to diminish the right of a licensee to conduct firearms transfers (currently, "curios or relics" firearms transfers) with another licensee away from the transferor's business premises.
United States · United States Congress · 17 March 2005
Assistance for Orphans and Other Vulnerable Children in Developing Countries Act of 2005 - Amends the Foreign Assistance Act of 1961 to authorize the President to provide assistance, including through nongovernmental or international organizations, for basic care for orphans and other vulnerable children in developing countries, including assistance for: (1) community-based care; (2) school food programs; (3) education and employment training; (4) psychosocial support; (5) protection of inheritance rights; and (6) HIV/AIDS care. Directs the Secretary of State to appoint a Special Advisor for Assistance to Vulnerable Populations. Directs the President to: (1) establish a system to evaluate such assistance's effectiveness; and (2) develop and submit to the appropriate congressional committees a coordinating strategy for such assistance.
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 · 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
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 · 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
Sets forth the rule for consideration of the concurrent resolution (H. Con. Res. 95) establishing the congressional budget for the United States Government for fiscal year 2006, revising appropriate budgetary levels for fiscal year 2005, and setting forth appropriate budgetary levels for fiscal years 2007 through 2010.
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
Federal Consent Decree Fairness Act - Authorizes State or local governments and related officials sued in their official capacity to file a motion to modify or vacate a consent decree upon the earlier of: (1) four years after the consent decree is originally entered; or (2) in the case of a civil action in which a State is a party or in which a local government is a party and the surrounding State is not a party, the expiration of the term of office of the highest elected State or local government official authorizing the consent decree. Places the burden of proof with respect to such motions on the party originally filing the action to demonstrate that continued enforcement is necessary to uphold a Federal right. Nullifies consent decrees pending a ruling on a motion to modify or vacate if the court fails to rule on such motion within 90 days of filing. Addresses compensation and termination of special masters overseeing consent decrees. Makes this Act applicable to all consent decrees regardless of: (1) the date on which the final order of a consent decree is entered; or (2) whether any relief has been obtained before enactment.
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
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 · 8 March 2005
Child Modeling Exploitation Prevention Act - Amends the Fair Labor Standards Act of 1938 to prohibit an employer from employing a child model in exploitive child modeling. Defines "exploitive child modeling" as modeling involving the use of a child under 17 years old for financial gain without the purpose of marketing a product or service other than the child's image, regardless of whether the employment relationship of the child is direct or indirect, contractual or non-contractual, or is termed that of an independent contractor. Provides that such term does not apply to an image which, taken as a whole, has serious literary, artistic, political, or scientific value. Sets penalties for violations. Includes employment of a minor in violation of such provision within the definition of "oppressive child labor." Amends the Federal criminal code to prohibit displaying or offering to provide the image of an individual engaged in exploitive child modeling, in or affecting interstate or foreign commerce, with the intent to make a financial gain, except with respect to an image which has serious literary, artistic, political, or scientific value.
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
Marriage Protection Act of 2005 - Amends the Federal judicial code to deny Federal courts jurisdiction to hear or decide any question pertaining to the interpretation of: (1) the provision of the Defense of Marriage Act that provides that no State shall be required to give effect to any marriage between persons of the same sex under the laws of any other State; or (2) this Act.
United States · United States Congress · 3 March 2005
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
Declares the sense of the House of Representatives that if the Government of Japan continues to delay in meeting its obligations under the understanding reached with the United States on October 23, 2004, to resume beef imports from the United States, the U.S. Trade Representative should immediately impose retaliatory economic measures on Japan.
United States · United States Congress · 2 March 2005
Sportfishing and Boating Equity Act of 2005 - Amends the Internal Revenue Code to require the transfer of all motor fuel excise taxes attributable to motorboat and small engine fuels into the Aquatic Resources Trust Fund.
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
Local Emergency Radio Service Preservation Act of 2005 - Directs the Federal Communications Commission (FCC) to revise its regulations to provide that digital audio radio satellite service (DARSS): (1) licensees shall not provide services that are locally differentiated or that result in programming being delivered to consumers in one geographic market that is different from programming delivered in any other geographic market; and (2) repeaters shall be restricted to simultaneously retransmitting the programming transmitted by satellite directly to DARSS subscribers' receivers. Requires the FCC to complete a rulemaking proceeding to determine whether DARSS licensees should be permitted to provide locally oriented services on nationally distributed channels, taking into account, among other things, the ability of such licensees to afford listeners the same emergency and other information as is afforded listeners of local broadcast stations.
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
Student Loan Fairness Act of 2005 - Amends the Higher Education Act of 1965 to revise student aid requirements for consolidation loans. Repeals a prohibition against refinancing consolidation loans. Allows borrowers to select lenders of consolidation loans. Requires lenders and institutions to provide certain information on consolidation loans to applicants. Revises interest rates on consolidated and reconsolidated loans.
United States · United States Congress · 17 February 2005
Amends Federal provisions relating to the military Survivor Benefit Plan (SBP) to change from October 1, 2008, to October 1, 2005, the effective date on or after which no reduction may be made in the retired pay of an SBP participant for any month after the later of: (1) the 360th month for which such pay was so reduced; and (2) the month during which the participant attains 70 years of age.
United States · United States Congress · 17 February 2005
Truth in Spending Act of 2005 - Amends the Internal Revenue Code to revise disclosure requirements for tax-exempt political organizations. Requires such organizations to file monthly reports in any calendar year in which they accept a contribution or make an expenditure for an exempt function and to file a single year-end report not later than January 31 of the following calendar year. Eliminates the quarterly reporting requirement in calendar years in which a regularly scheduled election is held.
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
Recreational Marine Employment Act of 2005 - Amends the Longshore and Harbor Workers' Compensation Act to revise certain exclusions from coverage by the Act. Excludes from the definition of covered employees any individuals employed by or at, or engaged in the construction or maintenance of, a recreational marine facility or structure, if the employer is in compliance with a state workers' compensation law. Defines recreational marine facility or structure as a place used primarily to build, repair, test, maintain, accommodate, buy, sell, store, restore, or dismantle recreational vessels (vessels manufactured primarily for pleasure use). Excludes from coverage individuals employed primarily to build, repair, test, maintain, accommodate, buy, sell, store, restore, transport by land, or dismantle a recreational vessel (regardless of length), if the employer is in compliance with a state workers' compensation law. Limits to a person in maritime employment who does not qualify as a seaman (currently, to any person covered by the Act), or anyone otherwise entitled to recover damages (as under current law), the entitlement to recover damages and bring an action against a vessel as a third party in the event of injury caused by the vessel's negligence. (Continues to protect the employer from liability to the vessel for such damages directly or indirectly, voiding any agreements or warranties to the contrary.)
United States · United States Congress · 17 February 2005
Agricultural Job Opportunities, Benefits, and Security Act of 2005 - Directs the Secretary of Homeland Security to grant qualifying alien agricultural workers (and their spouses and minor children) temporary resident status and subsequently lawful permanent resident status upon the fulfillment of specified agricultural work and residency requirements. Sets forth provisions with respect to: (1) adjustment of status applications, including penalties for false statements; (2) the waiver of numerical limitations and certain grounds for inadmissibility; (3) the temporary stay of removal and work authorization; (4) administrative and judicial review; and (5) dissemination of program information. Amends the Social Security Act to provide for the correction of such aliens' social security records. Amends the Immigration and Nationality Act to set forth application requirements for H-2A (temporary agricultural worker) employers and employer associations, including assurances: (1) that the job opportunity is temporary or seasonal and is not the result of a labor dispute; (2) that attempts have been made to hire U.S. workers; and (3) respecting required wages and benefits and compliance with labor laws. Sets forth employment requirements with respect to H-2A worker wages, housing, and transportation reimbursement. Establishes the Commission on Agricultural Wage Standards under the H-2A program. Revises provisions respecting the admission and extension of stay of H-2A workers. Provides special rules for alien sheepherders. Sets forth worker protection and labor standards enforcement provisions for such aliens.
![Official portrait of Rep. Putnam, Adam H. [R-FL-12]](https://www.congress.gov/img/member/p000586_200.jpg)