United States · United States Congress · 8 March 2005
Designates March 8, 2005, as International Women's Day. Reaffirms the Senate's commitment to: (1) improve women's access to quality health care, including HIV/AIDS prevention and treatment; (2) prevent violence against women, including the trafficking of women and girls worldwide; (3) end discrimination and increase the participation of women in government and private sector decisionmaking positions; and (4) extend full economic opportunities to women.
United States · United States Congress · 7 March 2005
Amends the Internal Revenue Code to: (1) extend through 2010 the tax credit for electricity produced from certain renewable resources (e.g., wind, biomass, poultry waste); (2) allow certain organizations, including tax-exempt organizations, State and local governments, and Indian tribal governments, to sell unused amounts of such tax credit.
United States · United States Congress · 7 March 2005
Child Health Care Crisis Relief Act - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to establish programs related to mental health services for children and adolescents to include: (1) entering into contracts with qualified individuals to pay educational loans in exchange for providing mental health services to children and adolescents; (2) awarding scholarships to students who agree to work as child and adolescent mental health service professionals after graduation or completion of residency; (3) entering into contracts with higher education institutions to establish or expand internship or other field placement programs for students receiving specialized training or clinical experience in child and adolescent mental health; (4) awarding grants to State-licensed mental heath organizations to pay for programs for preservice or in-service training of paraprofessional child and adolescent mental health workers; and (5) awarding grants to higher education institutions to establish or expand graduate child and adolescent mental health programs. Amends Title XVIII (Medicare) of the Social Security Act to adjust the graduate medical education program to: (1) exclude a reasonable number of residents or fellows in child and adolescent psychiatry when calculating the maximum number of residents in the field of allopathic or osteopathic medicine for which the hospital may be paid; and (2) extend the period of board eligibility for residents and fellows in child and adolescent psychiatry. Directs the Administrator to study and report to Congress on the distribution of, and need for, child mental health service professionals.
United States · United States Congress · 3 March 2005
Public Safety Employer-Employee Cooperation Act of 2005 - Provides collective bargaining rights for public safety officers employed by States or local governments. Directs the Federal Labor Relations Authority (FLRA) to determine whether State law provides specified rights and responsibilities for public safety officers, including: (1) granting public safety employees the right to form and join a labor organization which excludes management and supervisory employees, and which is, or seeks to be, recognized as the exclusive bargaining agent for such employees; and (2) requiring public safety employers to recognize and agree to bargain with the employees' labor organization. Requires the FLRA to issue regulations establishing collective bargaining procedures for public safety employers and employees in States that do not substantially provide for such public safety employee rights and responsibilities. Directs the FLRA, in such cases, to: (1) determine the appropriateness of units for labor organization representation; (2) supervise or conduct elections to determine whether a labor organization has been selected as an exclusive representative by a majority of the employees in an appropriate unit; (3) resolve issues relating to the duty to bargain in good faith; (4) conduct hearings and resolve complaints of unfair labor practices; and (5) resolve exceptions to arbitrator's awards. Grants a public safety employer, employee, or labor organization the right to seek enforcement of such FLRA regulations and authority through appropriate State courts. Prohibits public safety employers, employees, and labor organizations from engaging in lockouts or strikes, or sickouts, work slowdowns, or other actions designed to compel agreement to a proposed contract which will measurably disrupt the delivery of emergency services. Provides that existing collective bargaining units and agreements shall not be invalidated by this Act.
United States · United States Congress · 2 March 2005
Federal Employee Protection of Disclosures Act - Includes as a protected disclosure by a Federal employee: (1) any lawful disclosure an employee or applicant reasonably believes is credible evidence of waste, abuse, or gross mismanagement, without restriction as to time, place, form, motive, context, or prior disclosure; and (2) the disclosure of information required to be kept secret in the interest of national defense or the conduct of foreign affairs that the employee or applicant reasonably believes is direct evidence of waste, abuse, or gross mismanagement if such disclosure is made to a Member or employee of Congress who is authorized to receive information of the type disclosed. Sets forth provisions concerning review and appeal of actions concerning such disclosures. Amends the Homeland Security Act of 2002 to provide that, for purposes of provisions regarding the protection of voluntarily shared critical infrastructure information, a permissible use of independently obtained critical infrastructure information includes any lawful disclosure an employee or applicant reasonably believes is credible evidence of waste, fraud, abuse, or gross mismanagement, without restriction as to time, place, form, motive, context, or prior disclosure. Requires agencies to inform employees on how to make a lawful disclosure of information.
United States · United States Congress · 2 March 2005
Darfur Accountability Act of 2005 - Directs the President to: (1) freeze the assets of persons (and family members) named by the International Commission of Inquiry on Darfur to the United Nations (UN) Secretary General as perpetrators of crimes against humanity in Darfur, Sudan, and report such assets to the Office of Foreign Assets Control; (2) deny visas and entry to such persons, and to anyone the President determines has been, is, or may be involved in such activities in Darfur; and (3) report the names of such persons to the appropriate congressional committees.
United States · United States Congress · 2 March 2005
Amends the Higher Education Act of 1965 to include teacher quality enhancement programs relating to the needs of gifted and talented students among authorized uses of title II grants for States and partnerships.
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
Entitles a member of the Armed Forces who is adopting a child in a qualifying child adoption to 21 days of leave, to be used in connection with such adoption. Allows only one member per family to such leave.
United States · United States Congress · 28 February 2005
Stem Cell Research Enhancement Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to conduct and support research that utilizes human embryonic stem cells, regardless of the date on which the stem cells were derived from a human embryo. Limits such research to stem cells that meet the following ethical requirements: (1) the stem cells were derived from human embryos donated from in vitro fertilization clinics for the purpose of fertility treatment and were in excess of the needs of the individuals seeking such treatment; (2) the embryos would never be implanted in a woman and would otherwise be discarded; and (3) such individuals donate the embryos with written informed consent and receive no financial or other inducements.
United States · United States Congress · 28 February 2005
Fair Access to Clinical Trials Act of 2005 or the FACT Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the National Institutes of Health (NIH), to establish and operate a data bank of information on clinical trials, to include: (1) a clinical trials registry of health-related interventions conducted to test the safety or effectiveness of any drug, biological product, or device intended to treat serious or life-threatening diseases and conditions; and (2) a clinical trials results database of health-related interventions to test the safety or effectiveness of any drug, biological product, or device. Requires the Commissioner of Food and Drugs to make available to the public: (1) the full reviews conducted by the Food and Drug Administration (FDA) of new or supplemental new drug applications; and (2) copies of written consultations on a drug's safety conducted by the Office of Drug Safety. Requires the Secretary to assess civil monetary penalties for failure to comply with the reporting requirements of this Act. Allows the Secretary to correct any information included in the registry or database that is factually and substantively inaccurate, false, or misleading. Extends requirements of this Act to clinical trials conducted outside of the United States under certain circumstances. Prohibits a responsible person or a manufacturer from performing any act that prohibits, limits, or imposes unreasonable delays on the ability of an individual to discuss or publish the results of a clinical trial. Requires the Secretary to enter into a contract with the Institute of Medicine to study the extent to which data submitted to the registry has impacted the public health.
United States · United States Congress · 28 February 2005
Native American Housing Enhancement Act of 2005 - Amends the Native American Housing Assistance Act of 1996 to prohibit the Secretary of the Interior from restricting access to a Native American affordable housing grant based solely on one of four specified factors. Amends title V (Farm Housing) of the Housing Act of 1949 to state that federally recognized Indian tribes who exercise powers of self-government (or their instrumentalities) shall comply with the Indian Civil Rights Act (title II of the Civil Rights Act of 1968) when receiving assistance under title V. States that title VI (Federally Assisted Programs) of the Civil Rights Act of 1964 and title VIII (Fair Housing) of the Civil Rights Act of 1968 shall not apply to tribes: (1) covered by Federal law commonly known as the Indian Civil Rights Act; or (2) tribes acting under affordable housing provisions of the Native American Housing Assistance and Self-Determination Act of 1996. Amends the Cranston-Gonzales National Affordable Housing Act to make Indian tribes, tribally designated housing entities, or other agencies primarily serving Indians eligible for Youthbuild grants.
United States · United States Congress · 28 February 2005
Designates the second week of March 2005 as Extension Living Well Week. Encourages the people of the United States to take advantage of the educational opportunities that Extension Family and Consumer Sciences educators provide.
United States · United States Congress · 18 February 2005
Terrorism Risk Insurance Extension Act of 2005 - Amends the Terrorism Risk Insurance Act of 2002 (TRIA) to extend the terrorism risk insurance program from 2005 through 2007. Defines "Program Year 4" as calendar 2006 and "Program Year 5" as calendar 2007. Extends coverage for insured losses under a policy issued during Program Year 5 through December 31, 2008, at the latest. Increases the insurance marketplace aggregate retention amount for Program Years 4 and 5. Directs the Secretary to apply TRIA to providers of group life insurance. Instructs the Presidential Working Group on Financial Markets to report to Congress its recommendations for legislation to address the long-term availability and affordability of insurance for terrorism risk.
United States · United States Congress · 17 February 2005
Arthritis Prevention, Control, and Cure Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services: (1) to develop and implement a National Arthritis Action Plan; and (2) acting through the Director of the Centers for Disease Control and Prevention (CDC), to conduct, support, and promote the coordination of arthritis and other rheumatic diseases research. Requires the Secretary to award grants to: (1) support arthritis-specific research projects at the Centers for Prevention Research by the CDC; (2) support State comprehensive arthritis control and prevention programs and public health surveillance, prevention, and control activities; and (3) assist in the implementation of a national strategy for arthritis control and prevention. Requires the Secretary to coordinate a national education and outreach program on arthritis and other rheumatic diseases. Requires the Secretary to establish an Arthritis and Rheumatic Diseases Interagency Coordinating Committee to: (1) improve coordination of Federal research activities related to arthritis and rheumatic diseases; and (2) convene a summit to provide a detailed overview of such current Federal research. Requires the Director of the National Institutes of Health (NIH) to expand and intensify juvenile arthritis research. Allows the Secretary, acting through the Director of the CDC, to award grants to support juvenile arthritis data collection. Requires the Secretary, acting through the Director of the CDC, to support the development of a National Juvenile Arthritis Patient Registry. Requires the Secretary to promote and support pediatric rheumatology training, including by allowing the Secretary to establish a loan repayment program. Requires the Comptroller General to conduct a study on the economic impact of arthritis in the workplace.
United States · United States Congress · 17 February 2005
Medicare Access to Rehabilitation Services Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to repeal the outpatient therapy cap.
United States · United States Congress · 17 February 2005
Amends title XIX (Medicaid) of the Social Security Act to include podiatrists as physicians in order to cover their services under the Medicaid program.
United States · United States Congress · 17 February 2005
Medicare Prescription Drug Price Reduction Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to repeal provisions prohibiting the Secretary of Health and Human Services from: (1) interfering with the negotiations between drug manufacturers and pharmacies and prescription drug plan sponsors; and (2) requiring a particular formulary to institute a price structure for the reimbursement of covered Medicare part D (Voluntary Prescription Drug Benefit Program) drugs. Grants the Secretary instead, in order to ensure that each part D eligible individual who is enrolled under a prescription drug plan or a Medicare Advantage prescription drug plan pays the lowest possible price, authority similar to that of other Federal entities that purchase prescription drugs in bulk to negotiate contracts with manufacturers of covered Medicare part D drugs, consistent with the requirements and in furtherance of the goals of providing quality care and containing costs under such part.
United States · United States Congress · 17 February 2005
Military Reserve Mobilization Income Security Act of 2005 - Amends the Internal Revenue Code to allow members of the National Guard or the Ready Reserve who have been activated for military duty a refundable income tax credit for the lesser of: (1) the excess of such reservist's daily civilian compensation over the reservist's daily military pay while on active duty or full-time National Guard duty; or (2) $54.80 per day. Includes the amount of such credit in the reservist's gross income.
United States · United States Congress · 16 February 2005
Openess Promotes Effectiveness in our National Government Act of 2005 or OPEN Government Act of 2005 - Amends the Freedom of Information Act (FOIA) to prohibit a Federal agency from denying the present fee status for a news media representative solely on the absence of institutional associations of the requester and requires consideration of the requester's prior publication history. Requires an agency, if a requester has no prior publication history or current affiliation, to consider the requester's stated intent at the time the request is made to distribute information to a reasonably broad audience. Provides that, for purposes of recovery of attorney fees and other litigation costs, a complainant has substantially prevailed if : (1) the complainant has obtained a substantial part of its requested relief through a judicial or administrative order or an enforceable written agreement; or (2) the complainant's pursuit of a nonfrivolous claim or defense has been a catalyst for a voluntary or unilateral change in position by the opposing party that provides a substantial part of the requested relief. Directs the Attorney General to: (1) notify the Special Counsel of civil actions taken for arbitrary and capricious rejections of requests for agency records; and (2) annually submit reports on the number of such actions taken. Provides for the commencement of the 20-day time limit within which agencies shall determine whether to comply with a request for agency records on the day in which the request is first received. Requires agencies to establish: (1) a system to assign tracking numbers for requests for information; and (2) telephone or Internet service that provides the status of requests. Prohibits applying FOIA section 552 provisions to matters that are specifically exempted from disclosure by a statute (other than open meetings under the Government in the Sunshine Act) that specifically cites this Act. Establishes the Office of Government Information Services within the U.S. Administrative Conference to review section 552 policies and procedures by administrative agencies. Requires the: (1) Comptroller General to annually report on implementation of provisions for the protection of voluntarily shared critical infrastructure information; and (2) Office of Personnel Management to report on personnel policies related to FOIA.
United States · United States Congress · 16 February 2005
Protection of Lawful Commerce in Arms Act - Prohibits a qualified civil liability action from being brought in any State or Federal court against a manufacturer or seller of a firearm, ammunition, or a component of a firearm that has been shipped or transported in interstate or foreign commerce (or against a trade association of such manufacturers or sellers) for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of a firearm. Requires pending actions to be dismissed. Excludes actions: (1) brought against persons who transfer a firearm knowing that it will be used to commit a crime of violence or a drug trafficking crime, by a party directly harmed by such crime; (2) brought against a seller for negligent entrustment or negligence per se; (3) in which a manufacturer or seller of a firearm knowingly violated a State or Federal statute applicable to the sale or marketing of the firearm, and the violation was a proximate cause of the harm for which relief is sought; (4) for breach of contract or warranty in connection with the purchase of the firearm; or (5) for death, physical injuries, or property damage resulting directly from a defect in design or manufacture of the firearm when used as intended or in a reasonably foreseeable manner, except that where the discharge was caused by a volitional act that constituted a criminal offense, such act shall be considered the sole proximate cause of any resulting death, personal injuries, or property damage.
United States · United States Congress · 16 February 2005
Authorizes the President, on behalf of Congress, to award a gold medal collectively to the Tuskegee Airmen in recognition of their unique military record, which inspired revolutionary reform in the Armed Forces.
United States · United States Congress · 16 February 2005
Medicaid Community-Based Attendant Services and Supports Act of 2005 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require State Medicaid plan coverage of community-based attendant services and supports for certain Medicaid-eligible individuals. Outlines requirements for: (1) an enhanced Federal medical assistance percentage (FMAP) for ongoing activities of early coverage States that enhance and promote the use of community-based attendant services and supports; and (2) increased Federal financial participation for certain expenditures incurred by the State for the provision of such services and supports. Directs the Secretary of Health and Human Services to: (1) award grants to eligible States which have established a Consumer Task Force to assist the State in its development of real choice systems change initiatives; and (2) conduct a demonstration project for the purpose of evaluating service coordination and cost-sharing approaches with respect to the provision of community-based services and supports to non-elderly dually eligible individuals.
United States · United States Congress · 16 February 2005
Keep Our Promise to America's Military Retirees Act - Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to provide Federal Employees Health Benefits (FEHB) coverage to the following eligible beneficiaries: (1) a member or former member entitled to military retired or retainer pay; (2) an unremarried former spouse who was married to a member for at least 20 years, during which such member performed at least 20 years of retirement-creditable military service; (3) a dependent of a deceased qualifying member or former member; (4) a dependent of a living member or former member; and (5) a family member. Directs the Secretary to reimburse such eligible persons for pharmacy benefits received from a pharmacy that is not a TRICARE (Department of Defense managed health care plan) network pharmacy in the same manner as the Secretary would reimburse such person for such benefits received from a TRICARE network pharmacy. Requires such persons, in order to receive such reimbursement, to submit a certification from their physician stating that the person does not have access to a TRICARE network pharmacy due to physical or medical constraints. Amends title XVIII (Medicare) of the Social Security Act to waive the monthly part B premium (Supplementary Medical Insurance Benefits for the Aged and Disabled) with respect to: (1) an individual who is entitled to military retired or retainer pay based upon service that began before December 7, 1956; and (2) the spouse, widow, or widower of such individuals.
United States · United States Congress · 16 February 2005
Federal Youth Coordination Act - Establishes a Federal Youth Development Council to improve administration and coordination of Federal programs serving youth. Authorizes the Council to provide technical assistance and make grants to States to support State councils for coordinating State youth efforts.
United States · United States Congress · 15 February 2005
Animal Fighting Prohibition Enforcement Act of 2005 - Amends the Federal criminal code to prohibit: (1) sponsoring or exhibiting a bird in a fighting venture in a State where it would not otherwise be in violation of the law, only if the person knew that any bird in the venture was knowingly bought, sold, delivered, transported, or received in interstate or foreign commerce for such purpose; or (2) knowingly sponsoring or exhibiting in an animal fighting venture any other animal that was moved in interstate or foreign commerce. Prohibits knowingly: (1) selling, buying, transporting, delivering, or receiving, for purposes of transportation in interstate or foreign commerce, any dog or other animal to participate in an animal fighting venture; (2) using interstate mail service for commercial speech promoting an animal fighting venture except as performed outside the limits of the States (with an exception for bird fights in States whose laws allow them); or (3) selling, buying, transporting, or delivering in interstate or foreign commerce a knife, gaff, or other sharp instrument to be attached to the leg of a bird for use in an animal fighting venture. Sets penalties of a fine under the code, two years' imprisonment, or both for violations of this Act. (Repeals conflicting provisions of the Animal Welfare Act.)
United States · United States Congress · 15 February 2005
Retirement Security for Life Act of 2005 - Amends the Internal Revenue Code to allow an exclusion from gross income for 50 percent of the amount otherwise includible in gross income as guaranteed payments from certain annuity or life insurance contracts. Limits the amount of such exclusion to $20,000 in any taxable year. Provides for an inflation adjustment of the $20,000 limitation beginning in 2007.
United States · United States Congress · 15 February 2005
Keeping Families Together Act - Amends the Public Health Service Act to allow the Secretary of Health and Human Services, acting through the Administrator of the Substance Abuse and Mental Health Services Administration, to award competitive matching grants to States to establish systems of care to treat and provide services to all children who are in the custody of the State or at-risk of entering into the custody of the State for the purpose of receiving mental health services. Requires State to use grant funds for certain activities, including to: (1) expand public health insurance programs to cover community-based mental health and family support services for such children and their families that will be sustainable after the grant has expired; (2) provide outreach and public education concerning available programs and activities; and (3) provide training and professional development for personnel who work with such children. Requires the Administrator to establish a task force to examine: (1) problems of mental health in the child welfare and juvenile justice systems; (2) issues with respect to access by children and youth to mental health services; and (3) the role of Federal agencies in promoting access by children and youth to mental health services. Amends Title XIX (Medicaid) of the Social Security Act to permit the use of the Medicaid home and community-based services waiver to provide mental health services to children as an alternative to care in inpatient psychiatric hospitals.
United States · United States Congress · 15 February 2005
Rural America Preservation Act - Amends the Food Security Act of 1985 to reduce maximum annual direct and counter-cyclical commodity payments to $20,000 and $30,000, respectively. Revises limitation provisions for marketing loan gains, loan deficiency payments, and commodity certificate transactions, and establishes an annual combined limitation of $75,000 for such payments. Doubles payment limitations for single farming operations. Limits an individual to a combined annual payment of $250,000. Makes a person who commits fraud in connection with a scheme or device to evade certain program limitations (multiple entities, citizenship) ineligible for farm benefits for six years.
United States · United States Congress · 14 February 2005
Tribal Parity Act - Amends the Lower Brule Sioux Tribe Infrastructure Development Trust Fund Act to increase from $39.3 million to $186,822,140 the aggregate amount to be deposited into the Lower Brule Sioux Tribe Infrastructure Development Trust Fund by the Secretary of the Treasury to provide compensation to the Lower Brule Tribe of South Dakota for damage to tribal land caused by Pick-Sloan projects along the Missouri River. Amends the Crow Creek Sioux Tribe Infrastructure Development Trust Fund Act of 1996 to increase from $27.5 million to $105,917,853 the aggregate amount to be deposited into the Crow Creek Sioux Tribe Infrastructure Development Trust Fund by the Secretary to provide compensation to the Crow Creek Sioux Tribe of South Dakota for such damage.
United States · United States Congress · 14 February 2005
Artist-Museum Partnership Act - 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 · 14 February 2005
Disapproves the rule submitted by the Department of Agriculture relating to the establishment of minimal-risk zones for introduction of bovine spongiform encephalopathy into the United States.
United States · United States Congress · 10 February 2005
Medicare Prescription Drug Savings and Choice Act of 2005 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to: (1) offer one or more Medicare operated prescription drug plans nationally that offer qualified prescription drug coverage and access to negotiated prices, while allowing the plan to offer supplemental prescription drug coverage in the same manner as other qualified prescription drug coverage offered by other prescription drug plans; and (2) enter into negotiations with pharmaceutical manufacturers to reduce the purchase cost of covered Medicare part D drugs for eligible part D individuals, and encourage the use of more affordable therapeutic equivalents. Requires the monthly beneficiary premium charged under such a plan to be uniform nationally. Makes the premium for months in 2006 $35. Bases the premium for months in succeeding years on the average monthly per capita actuarial cost of offering the Medicare operated prescription drug plan for the year involved, including administrative expenses. Allows for adjustment of such premium amount in case of supplemental prescription drug coverage.
United States · United States Congress · 10 February 2005
Save Our Small and Seasonal Businesses Act of 2005 - Amends the Immigration and Nationality Act to prohibit an alien counted toward the numerical limitation applicable to H-2B nonimmigrants (temporary nonagricultural workers) during any of the three fiscal years prior to submission of an H-2B petition from being counted toward the limitation in the year of petition approval. Makes this provision effective as if enacted on October 1, 2004. Provides for its expiration on October 1, 2006. Requires the Secretary of Homeland Security to impose a fraud prevention and detection fee on employers filing H-2B petitions. Mandates the deposit of such fees into the Fraud Prevention and Detection Account. Authorizes additional penalties for a substantial failure to meet any condition of an H-2B petition or the willful misrepresentation of a material fact in such a petition. Requires the allocation of the numerical limitation on the issuance of H-2B visas (currently, 66,000) such that the total number of H-2B nonimmigrants entering the United States during the first six months of a fiscal year is not more than 33,000. Amends the American Competitiveness and Workforce Improvement Act of 1998 to require the Secretary to submit to the Committees on the Judiciary of the House of Representatives and the Senate information regarding: (1) the numbers of aliens granted H-2B status or terminated from H-2B status, on a quarterly basis; and (2) the countries of origin, occupations of, and compensation paid to aliens granted H-2B status, the number of aliens terminated from such status, and the number of aliens provided such status during both the fiscal year reported and the preceding fiscal year, on an annual basis. Requires the Secretary of State to provide information relevant to such reports.
United States · United States Congress · 10 February 2005
Safe Nursing and Patient Care Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to place limitations on mandatory overtime for nurses, protect nurses against retaliation in any manner with respect to any aspect of employment, and provide for civil money penalties for violations of such provisions. Directs the Secretary of Health and Human Services to study and report to Congress on standards to establish for the maximum number of hours that a nurse may work without compromising the safety of their patients. Requires the Director of the Office of Management and Budget to study and report to Congress on the extent to which federally operated medical facilities have in effect practices and policies with respect to overtime requirements for nurses that are inconsistent with the overtime requirements added by this Act.
United States · United States Congress · 10 February 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) mental health care; (5) protection of inheritance rights; and (6) HIV/AIDS care. Directs the President to develop and submit to the appropriate congressional committees a coordinating strategy for such assistance.
United States · United States Congress · 10 February 2005
Advance Directives Improvement and Education Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to provide for Medicare coverage of end-of-life planning consultations. Requires a service provider, Medicare Advantage organization, or prepaid or eligible organization to give effect to an advance directive executed outside the State in which it is presented, even one that does not appear to meet the formalities of execution, form, or language required by the State in which it is presented, to the same extent as such provider or organization would give effect to an advanced directive that meets such requirements. Permits a provider or organization to decline to honor such a directive if the provider or organization can reasonably demonstrate that it is not an authentic expression of the individual's wishes concerning his or her health care. Makes such advance directive requirements applicable under Medicaid, title XIX of the Social Security Act. Amends the Public Health Service Act to provide for grant programs to increase awareness of advance directive planning issues. Directs the Secretary to conduct a national public education campaign to: (1) raise public awareness of the importance of planning for care near the end of life; (2) improve the public's understanding of the various situations in which individuals may find themselves if they become unable to express their health care wishes; (3) explain the need for readily available legal documents that express an individual's wishes, through advance directives (including living wills, comfort care orders, and durable powers of attorney for health care); and (4) educate the public about the availability of hospice care and palliative care. Directs the Secretary to provide for the establishment of a national, toll-free, information clearinghouse as well as clearinghouses that the public may access to find out about State-specific information regarding advance directive and end-of-life decisions. Requires General Accounting Office studies and reports on end-of-life planning issues.
United States · United States Congress · 9 February 2005
Pharmaceutical Market Access and Drug Safety Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to revise provisions governing the importation of prescription drugs. Waives the limitation on importation of prescription drugs that have been exported from the United States. Prohibits the importation of a qualifying drug unless such drug is imported by: (1) a registered importer; or (2) an individual for personal use. Establishes registration conditions for importers and exporters. Requires the Secretary to inspect places of business, verify chains of custody, inspect facilities, and determine compliance with registration conditions. Sets forth provisions governing the importation of qualifying drugs that are different from U.S. label drugs, including standards for judging such differences. Prohibits manufacturers from: (1) discriminating against registered exporters or importers; (2) causing there to be a difference in a prescription drug distributed in the United States and one distributed in a permitted country; (3) engaging in actions to restrict, prohibit, or delay the importation of a qualifying drug; or (4) engaging in any action that the Federal Trade Commission (FTC) determines discriminates against a person that engages or attempts to engage in the importation of a qualifying drug. States that the resale in the United States of prescription drugs that were properly sold abroad is not patent infringement. Requires the Secretary to educate consumers regarding prescription drug importation. Sets forth provisions governing the sale of prescription drugs through an Internet site. Includes the dispensing or selling of a prescription drug in violation of this Act as a prohibited act under FFDCA.
United States · United States Congress · 9 February 2005
Assured Funding for Veterans Health Care Act of 2005 - Requires the Secretary of the Treasury to make available to the Secretary of Veterans Affairs for programs, functions, and activities of the Veterans Health Administration for FY 2007 130 percent of the amount obligated during FY 2005. Adjusts the amount provided for fiscal years after FY 2007 based on the number of enrolled veterans and the number of other persons eligible but not enrolled who are provided care, multiplied by the per capital baseline amount for FY 2005, as increased by the percentage increase in the Consumer Price Index. Prohibits the availability of such funds for: (1) construction, acquisition, or alteration of veterans' medical facilities (other than for repairs provided for before the date of enactment of this Act); or (2) grants for the construction of State home facilities for the furnishing of veterans' domiciliary, nursing home, and hospital care.
United States · United States Congress · 9 February 2005
Bipartisan Commission on Medicaid Act of 2005 - Establishes the Bipartisan Commission on Medicaid to review: (1) each of Medicaid's major functional responsibilities; (2) issues that either threaten or improve the long-term financial condition of Medicaid; (3) Federal and State policies for Medicaid and Medicare enrollment (including enrollment sites), income eligibility, outreach, and documentation; (4) the operation and effectiveness of Medicaid premium assistance programs; and (5) Medicaid payment policies.
United States · United States Congress · 9 February 2005
Agricultural Export Facilitation Act of 2005 - Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSREEA of 2000) to require the Secretary of the Treasury to authorize, under a general license, certain travel-related transactions specified in the Code of Federal Regulations, for travel to, from, or within Cuba in connection with activities undertaken in connection with sales and marketing, including the organization and participation in product exhibitions, and the transportation by sea or air of products pursuant to this Act. Expresses the sense of Congress that the Secretary of State should issue visas for temporary entry into the United States of Cuban nationals whose itinerary documents an intent to conduct activities, including phytosanitary inspections, related to purchasing U.S. agricultural goods under the provisions of TSREEA of 2000. Prohibits the President from restricting direct transfers from a Cuban financial institution to a U.S. financial institution executed in payment for a product authorized for sale under TSREEA of 2000. Repeals the ban in the Department of Commerce and Related Agencies Appropriations Act, 1999 on certain transactions with respect to intellectual property in which the Cuban Government or a Cuban national has an interest regarding a mark or trade or commercial name that is the same as or substantially similar to one that was used in connection with a business or assets that were confiscated, unless the original owner or successor-in-interest has expressly consented. Requires the Secretary of the Treasury to amend the Cuban Asset Control regulations to authorize under general license the transfer or receipt of any trademark or trade name subject to U.S. law in which a designated national has an interest.
United States · United States Congress · 9 February 2005
Free Flow of Information Act of 2005 - Prohibits Federal entities from compelling covered persons (specified media outlets or their employees) to testify or produce any document unless a court determines by clear and convincing evidence that: (1) the entity has unsuccessfully attempted to obtain such testimony or document from all non-covered persons; and (2) in a criminal matter, based on information from a non-covered person, there are reasonable grounds to believe a crime has occurred and the testimony or document is essential to the investigation, prosecution, or defense; or (3) in a non-criminal matter, based on information from a non-covered person, the testimony or document is essential to a dispositive issue of substantial importance. Requires the content of compelled testimony or documents to be: (1) limited to the purpose of verifying published information; and (2) narrowly tailored in subject matter and time period covered. Excludes certain commercial or financial information from coverage under this Act. Prohibits compelled disclosure, notwithstanding this Act's conditions for such disclosure, of: (1) the identity of a confidential source; or (2) information reasonably expected to lead to the discovery of such identity. Makes this Act applicable to testimony or documents sought from third parties that are related to business transactions with covered persons. Authorizes compelled disclosure in such cases only where the covered person has received notice and an opportunity to be heard. States that publication or dissemination of testimony or documents does not waive the requirements for compelled disclosure set forth in this Act.
United States · United States Congress · 9 February 2005
Voting Integrity and Verification Act of 2005 - Amends the Help America Vote Act of 2002 to revise requirements for voting systems used in an election for Federal office, including to: (1) permit the voter to verify the accuracy of his or her ballot (in a private and independent manner) in an individual paper version before it is cast and counted; and (2) require the voting system to produce an individual permanent paper record for each ballot cast which meets specified requirements relating to manual audit capacity.
United States · United States Congress · 9 February 2005
Iran Freedom and Support Act of 2005 - States that: (1) U.S. sanctions, controls, and regulations relating to weapons of mass destruction with respect to Iran shall remain in effect until the President certifies to the appropriate congressional committees that Iran has permanently and verifiably dismantled its weapons of mass destruction programs and has committed to combating such weapons' proliferation; and (2) such certification shall have no effect on other sanctions relating to Iranian support of international terrorism. Amends the Iran and Libya Sanctions Act of 1996 to: (1) eliminate mandatory sanction provisions respecting Libya; (2) impose mandatory sanctions on a person or entity that aids Iran acquire or develop weapons of mass destruction or destabilizing types and numbers of conventional weapons; (3) revise multilateral regime reporting requirements, including provisions respecting sanctions on individuals aiding Iranian petroleum development; (4) enlarge the scope of sanctionable entities; and (5) eliminate the sunset provision. Declares that U.S. policy should support: (1) efforts by the Iranian people to exercise self-determination over their form of government; and (2) an internationally-overseen referendum in Iran. Authorizes the President to provide financial and political assistance to eligible foreign and domestic individuals and groups that support democracy and advocate nonproliferation in Iran. Directs the President to notify (which may be in classified form) the appropriate congressional committees not later than 15 days prior to designating an eligible opposition group. Expresses the sense of Congress that: (1) the President should appoint a special assistant on Iranian matters; (2) U.S. representatives and officials in international fora should express support for democratic transition in Iran; (3) representatives of the Government of Iran should be denied access to U.S. Government buildings; (4) efforts to halt the Iranian nuclear weapons program should be intensified; and (5) U.S. officials and representatives should strongly support indigenous efforts in Iran calling for democratic elections.
United States · United States Congress · 9 February 2005
Guard and Reserve Readiness and Retention Act of 2005 - Makes an individual eligible for retired pay for non-regular (reserve) military service if such individual: (1) satisfies one of specified combinations of minimum age (between 53 and 60) and years of service (between 20 and 34); (2) performed the last six years of qualifying service in currently authorized categories of military service, but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve; and (3) is not entitled to any other retirement pay from an armed force or as a member of the Fleet Reserve or Fleet Marine Corps Reserve. Authorizes a member of the Selected Reserve to enroll for self or self and family coverage under the TRICARE program (a Department of Defense managed health care program).
United States · United States Congress · 8 February 2005
Early Treatment for HIV Act of 2005 - Amends title XIX (Medicaid) of the Social Security Act to give States the option of providing Medicaid coverage for certain low-income HIV-infected individuals. Provides States taking advantage of this option with an enhanced Federal Medicaid match.
United States · United States Congress · 8 February 2005
Celebrates Black History Month by: (1) acknowledging the tragedies of slavery, lynching, segregation, and by condemning them as an infringement on human liberty and equal opportunity so that they will stand forever as a reminder of what can happen when Americans fail to live up to their noble goals; (2) honoring those Americans who during the time of slavery, lynching, and segregation risked their lives in the underground railway and in other efforts to assist fugitive slaves and other African Americans who might have been targets and victims of lynch mobs and those who have stood beside African Americans in the fight for equal opportunity that continues to this day; (3) reaffirming the Senate's commitment to the founding principles of the United States of America that "all Men are created equal, that they are endowed by their Creator with certain inalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness;" and (4) committing the Senate to addressing those situations in which the African American community struggles with disparities in education, health care, and other areas where the Federal Government can play a role in improving conditions for all Americans.
United States · United States Congress · 7 February 2005
Amends the Internal Revenue Code and the Social Security Act to exempt from social security taxes remuneration paid to any elected or appointed member of the general governing board of any political subdivision of a State if such remuneration is not more than $1,000 and is paid for service performed on or after January 1, 2006.
![Official portrait of Sen. Johnson, Tim [D-SD]](https://www.congress.gov/img/member/c5d339296979dfed1ac5405574a1d7a5_200.jpg)