United States · United States Congress · 10 November 2005
Innocent Supplier Fairness Act - Amends federal bankruptcy law to detail the elements of a special relationship that the trustee in bankruptcy must prove in order to rebut the presumption that the creditor or party in interest against whom recovery or avoidance is sought has carried the burden of proving the nonavoidability of a transfer. Specifies such elements as: (1) the insider character of the creditor or the party in interest; (2) common ownership of the debtor and such creditor or such party; (3) common management of the debtor and creditor or party consisting of overlapping senior management or directors; (4) explicit notice from the debtor to such creditor or party that a petition filling is contemplated or imminent before the date of the transfer; or (5) the use by such creditor or party of judicial process, during the 90 days before the petition filing, against the debtor to collect a debt with respect to which a transfer may have been made. Amends the federal judicial code to require the trustee in bankruptcy to commence a proceeding to avoid preferences only in the district court for the district in which the defendant resides.
United States · United States Congress · 3 November 2005
American Manufacturing Competitiveness Act - Amends the Tariff Act of 1930 to allow U.S. manufacturers that use products subject to countervailing or antidumping duty proceedings or use domestic like products (industrial users) to participate in such proceedings. Requires the U.S. International Trade Commission, when deciding whether an antidumping or countervailing duty should be imposed or continued, to weigh harm to industrial users from such imposition or continuation, as well as (under current law) the potential benefits to the industry in the United States materially injured or threatened with material injury by a foreign countervailing subsidy.
United States · United States Congress · 27 October 2005
National Uniformity for Food Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to prohibit any state or political subdivision from establishing or continuing in effect for any food in interstate commerce: (1) any requirement that is not identical to specified FFDCA provisions (that would result in materially different requirements), including those related to adulterated foods, unsafe food additives, and new animal drugs; or (2) any notification requirement that provides for a warning concerning the food's safety that is not identical to FFDCA provisions. Allows a state to petition for an exemption or to establish a national standard regarding any requirement under FFDCA or the Fair Packaging and Labeling Act relating to food regulation. Allows the Secretary of Health and Human Service to provide such an exemption if the requirement: (1) protects an important public interest that would otherwise be unprotected; (2) would not cause any food to be in violation of any federal law; and (3) would not unduly burden interstate commerce. Allows a state to establish a requirement that would otherwise violate FFDCA provisions relating to national uniform nutrition labeling or this Act if the requirement is needed to address an imminent hazard to health that is likely to result in serious adverse health consequences and if other requirements are met. Declares that this Act does not preempt certain state and local laws relating to labeling or a consumer advisory relating to food sanitation imposed on a food establishment or recommended by the Secretary.
United States · United States Congress · 25 October 2005
Private Property Rights Protection Act of 2005 - Prohibits any state or political subdivision from exercising its power of eminent domain for economic development if that state or political subdivision receives federal economic development funds during the fiscal year. Makes a state or political subdivision that violates such prohibition ineligible for any such funds for two fiscal years. Prohibits the federal government from exercising its power of eminent domain for economic development. Establishes a private cause of action for any private property owner who suffers injury as a result of a violation of this Act. Sets the statute of limitation for such an action at seven years. Allows the prevailing plaintiff's attorney to obtain reasonable attorney's fees and expert fees. Requires the Attorney General to: (1) compile a list of the federal laws under which federal economic development funds are distributed; (2) provide to each state and publish on a Department of Justice website the text of this Act, a description of the rights of property owners under this Act, and the compiled list of relevant federal laws; and (3) publish such text and description in the Federal Register. Requires the Attorney General to submit an annual report to the Chairman and Ranking Member of the appropriate congressional committees identifying states or political subdivisions that have used eminent domain in violation of this Act.
United States · United States Congress · 20 October 2005
Disabled Veterans Commissary and Exchange Store Benefits Act - Permits a veteran with any compensable service-connected disability (and their dependents) to use commissary and exchange stores on the same basis as a member of the Armed Forces entitled to retired or retainer pay.
United States · United States Congress · 19 October 2005
Government Credit Card Sunshine Act - Requires specified information regarding the use of all federal credit cards to be made publicly available within 15 days after receipt (by the government or the federal employee, as the case may be) of any bill for purchases made with the card. Requires the information to be posted on the official website of the Inspector General of the federal department or agency concerned. Allows the Secretary of a department or agency to omit from the website otherwise required information in the interest of national security. Subjects a federal employee to disciplinary action for fraudulent use of a government credit card that involves a purchase in an amount greater than $500.
United States · United States Congress · 18 October 2005
Pakistani Temporary Protected Status Act of 2005 - Expresses the sense of Congress that the extraordinary and temporary conditions caused by the earthquake in Pakistan qualifies Pakistan for designation under the Immigration and Nationality Act pursuant to which its nationals would be eligible for temporary protected status (TPS) in the United States (for an initial 12-month period). Sets forth related TPS eligibility requirements, including continuous U.S. presence since October 8, 2005. Requires the Secretary to give prior consent to such aliens for temporary trips abroad in emergency and extenuating circumstances.
United States · United States Congress · 18 October 2005
Expresses the sense of Congress that: (1) the United States and other responsible governments send clear signals to the marketplace that the current structure of oversight and management of the Internet's domain name and addressing service works, and will continue to deliver tangible benefits to Internet users worldwide in the future; and (2) the authoritative root zone server should remain physically located in the United States and the Secretary of Commerce should maintain oversight of ICANN (the Internet Corporation for Assigned Names and Numbers) so that ICANN can continue to manage the day-to-day operation of the Internet's domain and addressing system, remain responsive to Internet stakeholders worldwide, and otherwise fulfill its core technical mission.
United States · United States Congress · 29 September 2005
Declares that new Federal Motor Carrier Safety Administration (FMCSA) hours of service regulations with respect to property-carrying commercial motor vehicles equipped with sleeper berths shall become enforceable on January 1, 2006. Continues the effectiveness and enforceability until such date of the hours of service regulations in effect as of January 4, 2004, and any compatible state law.
United States · United States Congress · 29 September 2005
Taxpayer Campaign Fund Elimination Act of 2005 - Amends the Internal Revenue Code to terminate, after 2005: (1) taxpayer checkoffs to finance presidential election campaigns; (2) the Presidential Election Campaign Fund (Fund) and related provisions; and (3) presidential primary matching payment accounts. Directs the Secretary of the Treasury to transfer any amounts remaining in the Fund after 2005 to the general fund of the Treasury.
United States · United States Congress · 27 September 2005
Helpers Job Opportunity Act - Provides for the creation of an additional category of laborers or mechanics known as helpers under the Davis-Bacon Act. Requires a helper of a laborer or mechanic to be paid the prevailing wage of helpers of laborers or mechanics employed on similar projects in the same subdivision of the state.
United States · United States Congress · 22 September 2005
Protecting Our Children Act of 2005 - Sex Offender Registration and Notification Act - Requires: (1) each state, the District of Columbia, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the U.S. Virgin Islands, and each federally recognized Indian tribe to maintain a sex offender registry; and (2) each sex offender to register in the jurisdictions where the offender resides, is an employee, and is a student. Requires the Attorney General to: (1) maintain a National Sex Offender Registry at the Federal Bureau of Investigation (FBI); (2) establish a Sex Offender Management Assistance program; and (3) provide technical assistance to jurisdictions in identifying and locating sex offenders relocated as a result of Hurricane Katrina. Authorizes the Attorney General to make grants to apprehend sex offenders. Establishes within the Department of Justice a Children's Safety Office. DNA Fingerprinting Act of 2005 - Amends: (1) the DNA Identification Act of 1994 to expand the scope of DNA (deoxyribonucleic acid) samples to be included in the National DNA Index System; and (2) the DNA Analysis Backlog Elimination Act of 2000 to authorize the Attorney General to collect DNA samples from individuals who are arrested, detained, or convicted under U.S. authority. Prevention and Deterrence of Crimes Against Children Act of 2005 - Increases penalties for violent crimes against minors. Protection Against Sexual Exploitation of Children Act of 2005 - Increases penalties for sexual offenses against children. Foster Child Protection and Child Sexual Predator Sentencing Act of 2005 - Requires background checks and checks of national crime information databases and state child abuse registries before approval of foster or adoptive placements. Amends the federal criminal code to prohibit the sale of a firearm to a person convicted of a misdemeanor sex offense against a minor. Directs the Attorney General to: (1) create a national register of cases of child abuse or neglect; and (2) establish standards for disseminating that information. Child Pornography Prevention Act of 2005 - Prohibits producers of visual depictions of actual sexually explicit conduct from refusing to permit the Attorney General to conduct inspections of records at business premises. Modifies the definition of "produces" to include actually filming, videotaping, photographing, or digitally manipulating an image of an actual human being that contains a visual depiction of such conduct. Prohibits misappropriating the personally identifiable information of a minor.
United States · United States Congress · 21 September 2005
Small Employer Tax Relief Act of 2005 - Amends Internal Revenue Code provisions relating to small business, including to: (1) allow the deduction from self-employment income of self-employed health insurance costs; (2) reduce in 2006 the federal unemployment tax rate; (3) increase permanently the expensing allowance for small business assets; (4) repeal the alternative minimum tax on individuals after 2009; (5) allow certain small business employers a tax credit for the training of highly-skilled employees; (6) make permanent the work opportunity and the welfare-to-work tax credits; (7) increase depreciation and expensing allowances for certain business assets; (8) allow a standard tax deduction for home office expenses; (9) revise certain S corporation requirements; and (10) waive certain tax penalties for noncompliant tax deposits.
United States · United States Congress · 15 September 2005
Expresses the sense of Congress that the U.S. Supreme Court should speedily find the recitation of the Pledge of Allegiance in schools to be consistent with the Constitution.
United States · United States Congress · 14 September 2005
Designates the facility of the United States Postal Service located at 205 West Washington Street in Knox, Indiana, as the "Grant W. Green Post Office Building."
United States · United States Congress · 14 September 2005
Commends the entire National Aeronautics and Space Administration team and community, who provided invaluable technical support and leadership for the historic mission of Space Shuttle Discovery STS flight 114. Commends in particular Commander Eileen Collins, pilot Col. Jim Kelly, and mission specialists Charlie Camarda, Wendy Lawrence, Soichi Noguchi of Japan, Steve Robinson, and Andy Thomas.
United States · United States Congress · 13 September 2005
Home School Non-Discrimination Act of 2005 - Amends the Higher Education Act of 1965 (HEA) with respect to: (1) student aid eligibility of home-schooled students who have satisfied certain secondary education standards; and (2) institutional aid eligibility of the higher education institutions that such students attend. Amends the Individuals with Disabilities Education Act (IDEA) to provide that, if a parent does not consent to an initial evaluation or special education or related services for a child with a disability, the local educational agency shall not be required to convene an individualized education program (IEP) meeting or develop an IEP for such child. Amends the Internal Revenue Code with respect to qualified elementary and secondary education expenses (the Coverdell Education Savings Account) to include home schools if they are treated as a home school or private school under state law. Amends the Family Educational Rights and Privacy Act of 1974 to prohibit release of certain information on and educational records of students in nonpublic education, including any student educated at home or in a private school in accordance with state law, without written parental consent. Amends HEA to include students at home schools, whether treated as a home school or a private school under state law, among those prospective secondary school graduates eligible to apply for the Robert C. Byrd Honors Scholarship Program for higher education. Amends the Fair Labor Standards Act of 1938 to direct the Secretary of Labor to extend the hours and periods of permissible employment of employees between the ages of 14 and 16 years who are privately educated at a home school, whether the home school is treated as a home school or a private school under state law, beyond those hours and periods applicable to employees of such ages who are educated in traditional public schools. (Thus allows home-school students to be employed during the traditional school day.) Amends specified federal law with respect to policies on recruitment and enlistment of home schooled students in the Armed Forces.
United States · United States Congress · 28 July 2005
Financial Services Regulatory Relief Act of 2005 - Amends the Revised Statutes of the United States to: (1) revise capital stock ownership requirements for directors of national banks and national bank dividends; and (2) repeal the capital requirements for new intrastate branches, including capital stock and surplus requirements. Amends the Home Owners' Loan Act to prescribe guidelines for investments by a federal savings association to promote the public welfare of low- and moderate-income communities or families through housing, services, and jobs. Permits mergers of federal savings association with nondepository institution affiliates. Increases the limits placed on commercial real estate loans. Repeals the one limit on loans to one borrower. Cites circumstances that would permit interstate acquisitions by a savings and loan holding company. Amends the Federal Home Loan Bank Act to permit certain privately insured credit unions to become Federal Home Loan Bank members. Amends the Federal Credit Union Act (FCUA) to: (1) authorize a credit union to make investment securities for its own account; (2) increase the 12-year loan limitation to 15 years; (3) increase the investment limit in credit union service organizations; (4) exempt loans to nonprofit religious organizations from the restrictions relating to credit union net worth or capitalization standards; and (5) exempt multiple common-bond credit union mergers and conversions from numerical limitations. Authorizes State regulatory authorities to examine and enforce compliance relating to nonfederally insured credit unions. Amends the FDIA to permit interstate bank mergers between insured banks with different home states. Prohibits interstate branching by subsidiaries of commercial firms. Amends the National Bank Consolidation and Merger Act to permit the merger of a national bank which is a trust company with any trust company with a different home state under the same terms and conditions as though they were located in the same state. Amends the National Bank Receivership Act and the FDIA to permit a bank placed in receivership to bring an action for a federal court order requiring removal of the receiver. Amends the FRA and the Bank Holding Company Act Amendments of 1970 to repeal specified insider lending reporting requirements. Amends the Depository Institution Management Interlocks Act to quintuple the size of the assets of a small depository institution exempt from the prohibition against depository institution management interlocks in the same metropolitan statistical area. Amends the Bank Holding Company Act of 1956 to exempt from the proscription against cross marketing of commercial activities those depository institutions that are controlled by a twenty-five percent (or less) holding-company-shareholder. Sets forth banking agency provisions which authorize: (1) waiver of examination schedules; (2) interagency data sharing; (3) destruction of old records of a depository institution by the FDIC after its appointment as receiver; and (4) short form reports of condition for certain community banks. Modifies guidelines governing the currency transaction reporting system.
United States · United States Congress · 27 July 2005
Amends the Internal Revenue Code to allow tax free rollovers of military death gratuities to Roth individual retirement accounts, health savings and Archer medical savings accounts, and Coverdell education savings accounts.
United States · United States Congress · 26 July 2005
Second Amendment Protection Act of 2005 - Expresses the sense of Congress that the United States should not provide financial support to international entities that abridge the constitutionally protected rights of law-abiding U.S. citizens to keep and bear arms. Prohibits U.S. funding to the United Nations for a fiscal year unless the President certifies to Congress that the United Nations has not taken action to restrict or otherwise adversely infringe upon the rights of U.S. individuals to possess a firearm or ammunition, including the imposition of a tax that will interfere with the right to own a firearm or ammunition.
United States · United States Congress · 21 July 2005
Recognizes the historical significance of the 75th anniversary of the death of Glenn Hammond Curtiss. Supports the establishment of Glenn Hammond Curtiss Day to recognize his contributions to motorcycle design and racing, naval aviation, and the American aircraft industry.
United States · United States Congress · 14 July 2005
Amends the Internal Revenue Code to allow an investment tax credit for five percent of the cost of a qualified truck. Defines "qualified truck" as a motor vehicle: (1) first placed in service on or after January 1, 2007, and before January 1, 2008; (2) powered by diesel fuel; (3) having a gross vehicle weight of more than 26,000 pounds; and (4) which complies with certain Environmental Protection Agency (EPA) regulations for diesel emissions. Allows such credit to reduce regular or alternative minimum tax liability. Permits a taxpayer election to expense the cost of qualified trucks placed in service in 2007.
United States · United States Congress · 14 July 2005
United States Trade Rights Enforcement Act - Expresses the sense of Congress about making the countervailing duty law under the Tariff Act of 1930 applicable to actions by nonmarket economy countries, and the impact on the U.S. economy of the huge growth in trade with the People's Republic of China (PRC). Amends the Tariff Act of 1930 to impose countervailing duties on certain merchandise from nonmarket economy countries. Suspends for three years the requirement that the administering authority direct the Customs Service to allow, at the option of the importer of such merchandise, the posting, until completion of the review, of a bond or security in lieu of a cash deposit for each entry of the subject merchandise (bonding privileges). Requires the U.S. Trade Representative (USTR) and the Secretary of Commerce to ensure that specified steps are taken by the PRC to ensure its compliance with its international trade obligations regarding: (1) intellectual property rights; (2) access for exports of U.S. goods, services, and agriculture; and (3) a required detailed accounting of its subsidies to the World Trade Organization (WTO) by the end of 2005. Requires the Secretary of the Treasury to report to specified congressional committees on: (1) the definition of currency manipulation; (2) actions of foreign countries that will be considered to be such; and (3) how statutory provisions addressing it by U.S. trading partners contained in, and relating to, the Bretton Woods Agreements Act and the Exchange Rates and International Economic Policy Coordination Act of 1988 can be better clarified administratively to provide for improved and more predictable evaluation. Authorizes appropriations for the Office of the USTR and for the U.S. International Trade Commission. Requires the Commission to study and report on trade and economic relations between the United States and the PRC. Expresses the sense of Congress that the: (1) United States should strive to expand membership in the Agreement on Government Procurement of the WTO; (2) United States should ensure that the PRC meets its WTO obligations; (3) the United States should seek a commitment from the PRC to maintain its suspension of the implementation of its law on government procurement, pending the conclusion of negotiations to accede to the Agreement; (4) the United States should seek commitments from the PRC and other countries that are not yet members of the Agreement to implement the principles of openness, transparency, fair competition based on merit, nondiscrimination, and accountability in their government procurement as embodied in that Agreement; and (5) the President should direct all appropriate U.S. officials to raise these concerns with appropriate PRC officials and other trading partners.
United States · United States Congress · 30 June 2005
Private Property Rights Protection Act of 2005 - Prohibits a state or political subdivision from using economic development as a reason for exercising its power of eminent domain if federal funds would contribute in any way to: (1) the project for which eminent domain is exercised; or (2) the exercise and enforcement of eminent domain over the project. Renders a state or political subdivision that violations this prohibition ineligible for any such federal funds and directs the federal agency involved to withhold those funds. Prohibits the federal government from using economic development as a reason for exercising eminent domain. Defines "economic development" to mean any activity other than making private property available in substantial part for use by the general public or by an entity that makes the property available for use by the general public, or as a public facility, or to remove harmful effects.
United States · United States Congress · 30 June 2005
Criminal Alien Accountability Act - Amends the Immigration and Nationality Act to establish minimum imprisonment terms for specified categories of aliens subject to criminal fines, imprisonment, or both, for reenrty as removed aliens. (Such provision does not apply to aliens removed for security or terrorist grounds.) Subjects an individual who knowingly aids or conspires to allow, procure, or permit any such alien to reenter the United States to criminal penalty, the same imprisonment term as applies to the alien so aided, or both. .
United States · United States Congress · 30 June 2005
Constitutional Amendment - Declares that people retain the right to pray and to recognize their religious beliefs, heritage, and traditions on public property, including schools. Prohibits the United States or the states from establishing any official religion or requiring any person to join in prayer or religious activity.
United States · United States Congress · 24 June 2005
Expresses disagreement with the majority opinion in Kelo et al. v. City of New London et al. ( Kelo) and its holdings that effectively negate the public use requirement of the takings clause of the Fifth Amendment to the U.S. Constitution. Expresses the sense of the House of Representatives that state and local governments: (1) should only execute the power of eminent domain for the public good; (2) must always justly compensate affected individuals in accordance with the Fifth Amendment; (3) should never use eminent domain to advantage one private party over another; and (4) should not construe Kelo as justification to abuse the power of eminent domain. Reserves to Congress the right to address through legislation any abuses of eminent domain by state and local government in light of Kelo .
United States · United States Congress · 21 June 2005
Parent's Right to Know Act of 2005 - Prohibits any funds appropriated for carrying out federal family planning programs from being made available to any family planning project if any service provider in the project knowingly provides contraceptive drugs or devices to a minor, unless: (1) such provider has given actual written notice to a custodial parent or legal guardian at least five business days prior to providing the drugs or prescription devices; (2) the minor has written consent of a parent or legal guardian; (3) the minor is emancipated; or (4) a court has directed that the minor may receive such drugs or prescription devices. Requires providers to certify to the Secretary of Health and Human Services compliance with this Act.
United States · United States Congress · 20 June 2005
Teacher Tax Relief Act of 2005 - Amends the Internal Revenue Code to: (1) increase the allowable tax deduction for the expenses of elementary and secondary school teachers to $400; (2) allow the deduction of professional development expenses; and (3) make such deduction permanent.
United States · United States Congress · 8 June 2005
Abraham Lincoln Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 coins emblematic of the life and legacy of President Abraham Lincoln in commemoration of the bicentennial of his birth. Permits issuance of such coins only during 2009. Subjects the coin sales to a surcharge of $10 per coin.
United States · United States Congress · 8 June 2005
Public Safety Tax Cut Act - Amends the Internal Revenue Code to: (1) allow full-time police officers or firefighters a tax credit of $1,000; and (2) exclude from the gross income of volunteer police officers or firefighter certain public services benefits received from a state or local government agency.
United States · United States Congress · 26 May 2005
Public Expression of Religion Act of 2005 - Amends the Revised Statutes of the United States to limit the remedy to injunctive relief and deny attorneys' fees in a civil action against a state or local official for deprivation of rights where the deprivation consists of a violation of a prohibition in the Constitution against the establishment of religion.
United States · United States Congress · 24 May 2005
Expresses support for the goals of : (1) Acadian Heritage Week (third week in September); and (2) A Day of Commemoration of the Great Upheaval (July 28) as established by Queen Elizabeth II's Royal Proclamation in which the sufferings of the Acadian people were acknowledged.
United States · United States Congress · 23 May 2005
Stem Cell Therapeutic and Research Act of 2005 - Requires the Secretary of Health and Human Services to contract with qualified cord blood stem cell banks to assist in the collection and maintenance of human cord blood to be made available for transplantation through the C.W. Bill Young Cell Transplantation Program. Requires the Secretary to require that recipients of such contracts: (1) acquire and store donated units of human cord blood acquired with the informed consent of the donor in a manner that complies with applicable Federal and State regulations; and (2) make collected cord blood units available for stem cell transplantation or, if not appropriate for clinical use, available for peer-reviewed research. Amends the Public Health Service Act to require the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to establish and maintain the Program to increase the number of transplants for recipients suitably matched to biologically unrelated donors of bone marrow and cord blood. Requires the Secretary to establish an Advisory Council to advise the Secretary on matters related to Program activities. Requires the Program to: (1) operate a system for identifying, matching, and facilitating the distribution of donated cord blood units; (2) allow transplant physicians, health care professionals, and patients to search by electronic means for available cord blood units; (3) support studies and demonstration and outreach projects for the purpose of increasing cord blood donation to ensure a genetically diverse collection of cord blood units; and (4) carry out information and educational activities for the purpose of increasing cord blood donation and promoting the availability of cord blood units as a transplant option. Requires the Secretary to establish and maintain a scientific database of outcome information relating to patients who have been recipients of stem cell therapeutics product from a biologically unrelated donor (replacing provisions establishing a bone marrow scientific registry).
United States · United States Congress · 19 May 2005
Americans in Uniform Act of 2005 - Requires the Department of Defense (DOD), in awarding any contract for the procurement of goods and services, to use as an evaluation factor whether entities intend to carry out the contract using employees or individual subcontractors who are members of the Selected Reserve. Requires entities claiming the intention to use such employees or subcontractors to document to DOD the number that the entity will employ, or contract with, for the contract in question. Authorizes the Secretary of the military department concerned to waive such requirement for national security purposes. Increases by specified amounts the following special pays and allowances for reserve personnel: (1) hardship duty pay; (2) reenlistment bonuses; and (3) the family separation allowance. Makes eligible for burial in Arlington National Cemetery: (1) a member or former member of the reserves who was under age 60 at the time of death and who, but for such age, would have been eligible for military retired pay; and (2) his or her dependents. Makes eligible for space-available travel on DOD aircraft: (1) a member or former member of the reserves under 60 years of age who, but for such age, would be eligible for military retired pay; and (2) his or her spouse. Requires a report from the Comptroller General to Congress on difficulties faced by members of the National Guard and reserves with respect to employment as a result of being ordered to full-time National Guard duty or active-duty service, respectively.
United States · United States Congress · 19 May 2005
Amends the Immigration and Nationality Act to prescribe the oath or affirmation of renunciation and allegiance required to be naturalized as a U.S. citizen.
United States · United States Congress · 18 May 2005
Declares that Congress: (1) expresses condolences to the victims of the riots in the Islamic Republic of Pakistan and in the Islamic Republic of Afghanistan and their families; (2) deplores and condemns the continued irresponsible and inaccurate journalism (the most egregious example of which caused riots that led to the deaths of at least 17 people in Pakistan and Afghanistan) and the prevalent media culture that encourages such journalism; and (3) calls upon the media to exercise due diligence and caution when preparing reports that could jeopardize innocent human lives.
United States · United States Congress · 17 May 2005
Pledge Protection Act of 2005 - Amends the Federal judicial code to deny jurisdiction to any Federal court, and appellate jurisdiction to the Supreme Court, to hear or decide any question pertaining to the interpretation of the Pledge of Allegiance or its validity under the Constitution. Makes this limitation inapplicable to: (1) any court established by Congress under its power to make needful rules and regulations respecting the territory of the United States; or (2) the Superior Court of the District of Columbia or the District of Columbia Court of Appeals.
United States · United States Congress · 12 May 2005
Health Care Choice Act of 2005 - Amends the Public Health Service Act to provide that the laws of the primary state (as designated by the health insurance issuer) apply to individual health insurance coverage offered by that issuer both in the primary state and in any secondary state if the coverage and issuer comply with this Act. Exempts health insurance issuers from any laws of the secondary state that would: (1) regulate the operation of the health insurance issuer in the secondary state, except for certain activities, including paying taxes and registering with the state insurance commissioner; (2) require any individual health insurance coverage issued by the issuer to be countersigned by an agent or broker residing in the secondary state; or (3) discriminate against the issuer issuing insurance in both the primary state and any secondary state. Prohibits a health insurance issuer that provides individual health insurance coverage in a primary or secondary state from: (1) upon renewal, taking certain actions based on health-status related factors, including increasing premiums assessed; and (2) offering coverage in a secondary state that is not currently offered for sale in the primary state. Allows states to require brokers to obtain a license from that state, but not to impose any requirements that discriminate against nonresident brokers. Requires health insurance issuers offering coverage in both primary and secondary States state to submit to the insurance commissioner of each state: (1) a copy of a plan of operation, a feasibility study, or similar statement; (2) written notice of any change in designation of its primary state; and (3) quarterly financial statements. Sets forth requirements (regarding determination of capital and an independent review process) that must be met by primary states in order for an issuer to provde insurance in a secondary state. Gives sole jurisdiction to primary states to enforce the covered laws in primary and secondary states.
United States · United States Congress · 12 May 2005
Credit Union Regulatory Improvements Act of 2005 - Amends the Federal Credit Union Act to reduce the minimum net worth ratio requirements of well-capitalized, adequately capitalized, under capitalized, and significantly undercapitalized credit unions. Sets the minimum risk-based net ratio at 8%. Revises the requirement that the National Credit Union Administration Board design the risk-based net worth standard to take account of any material risks to insured credit unions. Requires the standard to be designed in relation to risk assets, and to be based on comparable standards for taking into account material risks to insured depository institutions under the Federal Deposit Insurance Act that are applicable to credit unions. Revises definitions relating to net worth of credit unions. Cites circumstances in which the Board may waive the requirement that an undercapitalized credit union submit an acceptable net worth restoration plan. Revamps guidelines governing limits and restrictions on member business loans. Authorizes credit unions to lease to any business enterprise separate and clearly distinct space in buildings in credit union offices in underserved areas. Permits a credit union to invest securities for its own account. Increases from 12 to 15 years the term of credit union loans. Increases from 1% to 3% the investment limit in credit union service organizations. Permits credit unions to offer check cashing and money transfer services to persons within the field of membership (instead of, as currently, to members only). Extends to voluntary mergers on or after August 7, 1998, involving multiple common-bond credit unions the exemption from the numerical limit (only a group with fewer than 3,000 members) for eligibility for inclusion in the field of membership category of such a credit union. Requires the Board to prescribe criteria for continued membership of certain member groups in the case of conversions of certain credit unions to a community charter. Amends the Securities Exchange Act of 1934 and the Investment Advisers Act of 1940 to treat credit unions as banks which shall not be considered brokers or dealers because the credit unions engage in certain broker- or dealer-related activities.
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
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
Farming Flexibility Act of 2005 - Amends the Farm Security and Rural Investment Act of 2002, with respect to direct and counter-cyclical payments, to: (1) permit a producer to reduce a covered commodity base acreage by electing to plant such acres with fruits or vegetables for processing; (2) require such election to be made annually; and (3) provide that if a farm's base acreage is recalculated, such fruit or vegetable production shall be considered the same as the planning, prevented planting, or production of the covered commodity.
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 · 21 April 2005
Pest Management and Fire Suppression Flexibility Act - Amends the Federal Water Pollution Control Act to state that the Administrator of the Environmental Protection Agency (EPA) shall not require a permit under the national pollutant discharge elimination system (NPDES), or require a State to mandate such a permit, for: (1) the proper use of a pesticide that is registered or otherwise approved for use under the Federal Insecticide, Fungicide, and Rodenticide Act; and (2) the use by or in cooperation with the Federal or State government of a fire retardant, chemical, or water for fire suppression, control, or prevention in accordance with relevant Federal guidelines; (3) silvicultural activities except for specified point source activities; and (4) the use of biological control organisms for the prevention, control, or eradication of plant pests or noxious weeds pursuant to specified provisions of the Plant Protection Act. Redefines "point source" to exclude from the term those public health protection, pest management, and silvicultural activities excluded from NPDES permit requirements under this Act.
United States · United States Congress · 19 April 2005
Amends the Internal Revenue Code to extend for two additional years (taxable years beginning before 2010) provisions allowing the increased expensing of small business assets.
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 · 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.
![Official portrait of Rep. Sodrel, Michael E. [R-IN-9]](https://www.congress.gov/img/member/s001160_200.jpg)