United States · United States Congress · 28 April 2005
Water for the Poor Act of 2005 - Expresses the sense of Congress with respect to U.S. water and sanitation assistance programs. Amends the Foreign Assistance Act of 1961 to authorize the President to furnish assistance for programs in developing countries to provide affordable and equitable access to safe water and sanitation. Directs the Administrator of the United States Agency for International Development (USAID) to develop a strategy to further the U.S. foreign assistance objective of providing affordable and equitable access to safe water and sanitation in developing countries.
United States · United States Congress · 28 April 2005
Asbestos Compensation Fairness Act of 2005 - Requires as an essential element of a nonmalignant asbestos or silica claim that there be physical impairment to which asbestos or silica exposure was a substantial contributing factor. Sets forth evidentiary requirements for a prima facie showing of: (1) physical impairment for nonmalignant asbestos or silica claims; (2) asbestos- or silica-related lung cancer; (3) asbestos-related other cancer; and (4) asbestos claims based upon mesothelioma. Requires evidence relating to physical impairment to comply with the AMA Guides to the Evaluation of Permanent Impairment. States that presentation of prima facie evidence meeting the foregoing requirements (excluding evidentiary requirements for mesothelioma) shall not: (1) result in a presumption of impairment at trial; (2) be conclusive as to any defendant's liability; and (3) be admissible at trial. Addresses claim consolidation, Federal jurisdiction and venue, preliminary proceedings, and the plaintiff's burden of proof. Delineates the statute of limitations for asbestos- and silica-related claims. States that an asbestos or silica claim arising out of a nonmalignant condition shall be a distinct cause of action from such a claim relating to the same exposed person arising out of asbestos- or silica-related cancer. Prohibits damage awards for fear or risk of cancer in civil actiosn premised on asbestos or silica claims. Specifies the scope of liability and damages for civil actions under this Act, providing that: (1) a defendant shall be liable only for that portion of a judgment for which the defendant is responsible; and (2) no punitive damages may be awarded. Establishes a cap for damages relating to noneconomic losses. Requires plaintiffs to disclose collateral source payments based upon the same claim at the time of filing suit. Reduces the amount of an award otherwise available by the amount of such collateral compensation. Sets forth liability rules applicable to product sellers, renters, lessors, and premises owners. Makes this Act applicable to any civil action asserting an asbestos or silica claim in which final judgment has not been entered as of the date of enactment.
United States · United States Congress · 27 April 2005
Volunteer Pilot Organization Protection Act of 2005 - Amends the Volunteer Protection Act of 1997 to exempt from liability a nonprofit volunteer pilot organization that flies for public benefit, its staff members, and its volunteers for harm caused by a volunteer while flying, in furtherance of the purpose of the organization, an aircraft for which the volunteer was properly licensed and insured. Directs the Attorney General to study and report to Congress on the availability of insurance to nonprofit volunteer pilot organizations that fly for public benefit.
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
America's Red Rock Wilderness Act of 2005 - Designates specified lands in the following areas of Utah as components of the National Wilderness Preservation System: (1) Great Basin; (2) Zion and Mojave Desert; (3) the Grand Staircase and the Escalante Canyons; (4) Moab-LaSal Canyons; (5) Henry Mountains; (6) Glen Canyon; (7) San Juan-Anasazi; (8) Canyonlands Basin; (9) San Rafael Swell; and (10) Book Cliffs and Uinta Basin. Sets forth administrative provisions regarding: (1) filing by the Secretary of the Interior of a map and a legal description of each designated wilderness area with appropriate congressional committees; (2) the exchange of State-owned lands within such areas; (3) Federal reservation of water rights; (4) measurement of setbacks for roads with wilderness; (5) authorized livestock grazing; and (6) withdrawal of such lands from disposition under certain public land laws.
United States · United States Congress · 20 April 2005
Social Security Number Privacy and Identity Theft Prevention Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to: (1) specify restrictions on the sale and display to the general public of Social Security account numbers (SSNs) (or any derivatives) by Federal, State, and local governments and bankruptcy case trustees; (2) prohibit the display of SSNs (or any derivatives) on checks issued for payment by such governments; (3) prohibit the Federal, State, or local government display of SSNs (or any derivatives) on employee identification cards or tags (IDs); (4) prohibit access to the SSNs of other individuals by prisoners employed by Federal, State, or local governments; and (5) prohibit the selling, purchasing, or displaying of SSNs (with certain exceptions), or the obtaining or use of any individual's SSN to locate or identify such individual with the intent to physically injure or harm such individual or to use the individual's ID for any illegal purpose by any person. Subjects to the Fair Credit Reporting Act information regarding a consumer's SSN (and any derivative) (credit header information). Provides that any person who refuses to do business with an individual for refusing to disclose his or her SSN shall be considered to have committed an unfair or deceptive act or practice. Establishes civil and criminal penalties for violations of this Act, and enhanced penalties in cases of terrorism, drug trafficking, crimes of violence, or prior offenses.
United States · United States Congress · 19 April 2005
Internet Tax Nondiscrimination Act of 2005 - Amends the Internet Tax Freedom Act to make permanent the ban on State taxation of Internet access and on multiple or discriminatory taxes on electronic commerce.
United States · United States Congress · 19 April 2005
Internet Consumer Protection Act of 2005 - Amends the Internet Tax Freedom Act to make permanent the ban on State taxation of Internet access and on multiple or discriminatory taxes on electronic commerce. Repeals provisions permitting States with Internet tax laws enacted prior to the ban on Internet taxes to continue enforcing such laws.
United States · United States Congress · 19 April 2005
Great Cats and Rare Canids Act of 2005 - Directs the Secretary of the Interior to provide assistance for projects for the conservation of rare felids and rare canids. Authorizes the Secretary to convene an advisory group of individuals representing public and private organizations actively involved in the conservation of felids and canids. Restricts the use of grants for captive breeding or display purposes. Establishes in the Multinatonal Species Conservation Fund as a separate account the Great Cats and Rare Canids Conservation Fund. Defines "rare canid" to: (1) mean any canid species, subspecies, or population that is not native to the United States and Canada, and is included in the threatened or endangered lists of the World Conservation Union, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, or the Endangered Species Act of 1973; and (2) include such a subspecies or population of dhole, gray wolf, ethiopian wolf, african wild dog, or maned wolf. Defines "rare felid" to: (1) mean any felid species, subspecies, or population that is not native to the United States and Canada, and is included in the threatened or endangered lists of the World Conservation Union, the Convention on International Trade in Endangered Species of Wild Fauna and Flora, or the Endangered Species Act of 1973; and (2) include such a subspecies or population of lion, leopard, jaguar, snow leopard, clouded leopard, cheetah, or iberian lynx. Does not include any tiger.
United States · United States Congress · 14 April 2005
Workforce Health Improvement Program Act of 2005 - Amends the Internal Revenue Code to exclude from the gross income of employees: (1) the value of any on-premises employer-provided athletic facility; and (2) fees or membership expenses paid to an athletic or fitness facility by an employer for its employees. Allows employers a tax deduction for fees or dues paid to an athletic or fitness facility.
United States · United States Congress · 14 April 2005
Access to Legal Pharmaceuticals Act - Amends the Public Health Service Act to require any pharmacy receiving prescription drugs or prescription devices in interstate commerce to: (1) ensure that any in stock prescription that one pharmacist refuses to fill on the basis of a personal belief is filled by another pharmacist employed by the pharmacy without delay; (2) ensure that any individual who presents a prescription for an item that is not in stock which one pharmacist refuses to order on the basis of a personal belief is immediately informed that the product can be ordered by the pharmacy and to order such product without delay; and (3) not employ any pharmacist who engages in any conduct with the intent to prevent or deter an individual from filling a valid prescription, including refusing to return a prescription form, refusing to transfer a prescription, or subjecting the individual to humiliation or harassment. Provides that this Act does not require the pharmacy to keep any particular product in stock nor does it apply with respect to a product for a health condition if the pharmacy does not keep in stock any product for such condition. Sets forth civil penalties. Allows a private cause of action for a violation of this Act.
United States · United States Congress · 13 April 2005
National Aquatic Invasive Species Act of 2005 - Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to establish aquatic invasive species prevention requirements for all vessels operating in U.S. waters. Requires the Secretary of Homeland Security to promulgate regulations for ballast water management standards and certification procedures. Directs the Aquatic Invasive Species Task Force to establish a priority pathway management program that identifies those pathways that pose the highest risk for the introduction of aquatic invasive species unless further managed. Prohibits the importation of live aquatic organisms of a species not in trade without specified screening and approval. Requires the Director of the United States Fish and Wildlife Service, the Administrator of the National Oceanic and Atmospheric Administration (NOAA), and the Administrator of the Environmental Protection Agency to implement a national system of ecological surveys for rapid early detection and monitoring of invasive species. Requires the Task Force to review and approve State rapid response contingency strategies. Requires the Invasive Species Council to establish a Federal rapid response team for each of the ten Federal regions. Requires the Assistant Secretary of the Army (Civil Works) to complete construction of and operate the Chicago River Ship and Sanitary Canal dispersal barrier project to prevent the spread of aquatic invasive species. Requires the Invasive Species Council to coordinate with the Task Force to combat aquatic invasive species. Requires the Task Force to recommend to appropriate Federal agencies additions to the list of aquatic invasive species. Requires the Task Force, the Council, and the Secretary of State to coordinate activities to ensure that international efforts to prevent and manage aquatic invasive species are coordinated with U.S. policies.
United States · United States Congress · 13 April 2005
Aquatic Invasive Species Research Act - Requires the National Oceanic and Atmospheric Administration (NOAA), the Smithsonian Institution, and the U.S. Geological Survey (administering agencies) to: (1) enter into a memorandum of understanding regarding the implementation and coordination of this Act; and (2) develop a marine and fresh-water research program to support efforts to assess introduction rates and patterns of invasive nonnative species into the aquatic ecosystem, and efforts to detect, prevent, and eradicate them. Requires the administering agencies to: (1) develop standardized protocols for conducting ecological and pathway surveys of such species; (2) conduct research to identify the relationship between the introduction and establishment of such species; and (3) analyze the data collected and develop a profile that determines whether a species planned for importation is likely to invade an aquatic ecosystem. . Requires the U.S. Geological Survey to develop a central, national pathway and ecological surveys database of information. Makes the Invasive Species Council responsible for disseminating such information and develop a national strategy for how it will be shared with Federal, State, and local entities. Requires the Environmental Protection Agency (EPA) to develop a grant program to fund research, development, demonstration and verification of environmentally sound, cost-effective technologies and methods to control and eradicate such species. Reauthorizes the ship pathway technology demonstration program. Requires the Coast Guard and the EPA to develop a research program to support implementation of ship pathway standards to prevent the introduction and spread of invasive species by ships. Requires the National Science Foundation to establish a grant program for researchers at institutions of higher education and museums to carry our research programs in systematics and taxonomy.
United States · United States Congress · 12 April 2005
Computer-Assisted Remote Hunting Act - Amends the Federal criminal code to prohibit and to establish penalties for knowingly making available a computer-assisted remote hunt (i.e., using a computer or other device, equipment, or software to allow a person remotely to control the aiming and discharge of a weapon to kill or injure an animal while not in the targeted animal's physical presence).
United States · United States Congress · 12 April 2005
Renewing the Dream Tax Credit Act - Amends the Internal Revenue Code to allow homebuilders and investors a general business tax credit for building or substantially rehabilitating residences for low and moderate-income individuals in certain areas, including a rural area, an Indian reservation, or an area of chronic economic distress. Sets forth rules for the calculation of such credit and its administration and allocation by the States.
United States · United States Congress · 6 April 2005
Jessica Lunsford Act - Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to direct that State procedures include a process under which the State mails a nonforwardable verification form at least twice a year to the last known address of the person required to register as a sexually violent offender, to be returned within ten days after receipt, with failure to return the form within the period allowed punishable in the same manner as a failure to register. Requires a State prison officer, the court, or another responsible officer or official, if a person required to register is released from prison or placed on parole, supervised release, or probation, to: (1) notify the agency responsible for supervising the person that such person is required to register; and (2) provide that agency with the registration information relating to that person. Provides that a person required to register who has two or more convictions for failing to register or failing to keep such registration current shall, upon release from imprisonment, be required to wear a location-transmitting device (such as an anklet) at all times for not less than five years (ten years if the person is a sexually violent predator). Requires the State to frequently monitor the information transmitted. Sets forth provisions regarding compliance dates and loss of Federal funding for failure to implement this Act.
United States · United States Congress · 6 April 2005
Boutique Fuels Elimination Act of 2005 - Amends the Clean Air Act (CAA) to authorize the Administrator of the Environmental Protection Agency (EPA) to temporarily waive controls or prohibitions on the use of a fuel or fuel additive regulated under specified provisions of that Act or prescribed in an applicable State Implementation Plan (SIP) if the Administrator determines that: (1) extreme and unusual circumstances exist in a State or region that prevent distribution of an adequate supply of the fuel or fuel additive to consumers; (2) such circumstances are the result of a natural disaster, an Act of God, a pipeline or refinery equipment failure, or another unforeseeable event; and (3) it is in the public interest to grant the waiver. Permits such a waiver only if specified requirements are met. States that the Administrator shall have no authority, when considering a SIP or SIP revision regarding State controls or prohibitions on motor vehicle fuel or fuel additives, to approve any fuel: (1) if doing so would increase the total number of approved fuels as of September 1, 2004, in all SIPs; and (2) unless that fuel was approved and fully implemented in at least one SIP in the applicable Petroleum Administration for Defense District (with the exception of fuels with a specified summertime Reid Vapor Pressure). Requires the Administrator to: (1) determine the total number of fuels approved as of September 1, 2004, in all SIPs; (2) publish a list of such fuels for public review and comment; and (3) remove fuels from such list in specified circumstances (but the total number of authorized fuels shall not be reduced). Expresses the sense of Congress that States should seek to maximize the environmental benefits available from approved fuels. Requires the Administrator and the Secretary of Energy jointly to study and report to Congress on the effects of SIPs adopted pursuant to CAA provisions regarding State controls or prohibitions on motor vehicle fuel or fuel additives.
United States · United States Congress · 6 April 2005
Expresses the sense of the House of Representatives that: (1) the thousands of innocent people executed at Srebrenica in Bosnia and Herzegovina in July 1995, along with all individuals who were victimized during the conflict and genocide in Bosnia and Herzegovina from 1992 to 1995, should be remembered and honored; (2) the Serbian policies of aggression and ethnic cleansing meet the terms defining genocide; (3) foreign nationals, including U.S. citizens, who have risked, and in some cases lost, their lives in Bosnia and Herzegovina should be remembered and honored; (4) the United Nations (U.N.) and its member states should accept their share of responsibility for allowing the Srebrenica massacre and genocide to occur; (5) it is in the U.S. national interest that the responsible individuals should be held accountable for their actions; (6) persons indicted by the International Criminal Tribunal for the former Yugoslavia (ICTY) should be apprehended and transferred to The Hague without further delay, and countries should meet their obligations to cooperate with the ICTY; and (7) the United States should support the independence and territorial integrity of Bosnia and Herzegovina and peace and stability in southeastern Europe.
United States · United States Congress · 5 April 2005
Services for Ending Long-Term Homelessness Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Administrator of Substance Abuse and Mental Health Services Administration, to design national strategies for providing services in supportive housing that will assist in ending chronic homelessness and to implement programs that address chronic homelessness. Requires the Secretary to make matching grants to eligible entities to provide services that promote recovery and self-sufficiency and that address barriers to housing stability to chronically homeless individuals in, or who are scheduled to become residents of, permanent supportive housing and to other individuals and families who have voluntarily chosen to seek other housing opportunities after a period of tenancy in supportive housing. Directs the Secretary to require grantees to report data regarding the performance outcomes of projects carried out under this Act, which shall include measuring and reporting specific performance outcomes related to the long-term goals of: (1) increasing stability within the community for people who have been chronically homeless; and (2) decreasing recurrence of periods of homelessness.
United States · United States Congress · 5 April 2005
Boutique Fuels Reduction Act of 2005 - Amends the Clean Air Act (CAA) to authorize the Administrator of the Environmental Protection Agency (EPA) to temporarily waive controls or prohibitions on the use of a fuel or fuel additive regulated under specified provisions of that Act or prescribed in an applicable State Implementation Plan (SIP) if the Administrator determines that: (1) extreme and unusual circumstances exist in a State or region that prevent distribution of an adequate supply of the fuel or fuel additive to consumers; (2) such circumstances are the result of a natural disaster, an Act of God, a pipeline or refinery equipment failure, or another unforeseeable event; and (3) it is in the public interest to grant the waiver. Permits such a waiver only if specified requirements are met. States that the Administrator shall have no authority, when considering a SIP or SIP revision regarding State controls or prohibitions on motor vehicle fuel or fuel additives, to approve any fuel: (1) if doing so would increase the total number of approved and fully implemented fuels as of September 1, 2004, in all SIPs; and (2) unless that fuel was approved and fully implemented in at least one SIP in the applicable Petroleum Administration for Defense District (with the exception of fuels with a specified summertime Reid Vapor Pressure). Requires the Administrator and the Secretary of Energy jointly to study and report to Congress on the effects of SIPs adopted pursuant to CAA provisions regarding State controls or prohibitions on motor vehicle fuel or fuel additives.
United States · United States Congress · 17 March 2005
Fisheries Science and Management Enhancement Act of 2005 - Amends the Magnuson-Stevens Fishery Conservation and Management Act to revise requirements for the appointment and training of the voting members of the eight Regional Fishery Management Councils. Requires each science and statistical committee established by a Council to include a fishery and marine science subcommittee. Sets forth subcommittee functions, primarily to determine for the Council biological catch limits that will prevent overfishing in a fishery and any protections required for threatened or endangered species. Revises requirements regarding the disclosure of financial interests by and recusal of members with respect to voting on Council decisions. Revises provisions required to be in a fishery management plan to require such a plan to allocate any quotas or other conservation and management measures fairly and equitably among the commercial, recreational, and charter fishing sectors in the fishery, and allow fishery sectors to develop allocation plans subject to Council approval. Provides for peer review of fishery and marine science subcommittee determinations to the Council. Directs the Secretary of Commerce to carry out a cooperative research, data collection, and gear modification program to conduct conservation projects to minimize the mortality of unavoidable bycatch or fishery impacts on essential fish habitat through modifications of fishing gear and practices. Amends the Saltonstall-Kennedy Act to make certain funds available to implement the cooperative research, data collection, and gear modification program.
United States · United States Congress · 17 March 2005
Inclusive Home Design Act of 2005 - Requires, with exceptions, newly constructed, federally assisted single family houses and town houses to include at least one level that complies with the following accessibility features for persons with disabilities: (1) accessible entrance; (2) accessible interior doors; (3) accessible environmental controls; and (4) accessible habitable space and an accessible bathroom. Requires: (1) each applicant for Federal financial assistance to submit compliance assurances to the relevant Federal agency; and (2) each person who arranges for design or construction of a covered dwelling to submit architectural and construction plans for State or local approval. Prohibits Federal financial assistance to a State or local government unit unless the recipient is taking certain enforcement actions with regard to covered dwellings. Permits: (1) private civil actions in a U.S. District Court or State court for violations under this Act; and (2) the Attorney General to commence civil actions or intervene in civil actions under this Act.
United States · United States Congress · 17 March 2005
Paul Wellstone Mental Health Equitable Treatment Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act to prohibit a group health plan or group health coverage that provides both medical and surgical benefits and mental health benefits from imposing treatment limitations or financial requirements on the mental health benefits unless comparable limitations or requirements are imposed on medical and surgical benefits. Excludes such requirements for plans and coverage for small employers. Allows a plan or coverage that provides in-network mental health benefits to provide out-of-network mental health benefits using treatment limitations or financial requirements that are not comparable to those applied to medical-surgical benefits if the in-network mental health benefits are provided at parity with medical-surgical benefits and with reasonable access. Requires the Government Accountability Office (GAO) to: (1) study the effects of this Act on health insurance costs and access and quality of health care; and (2) provide a cost estimation of extending such requirements to the treatment of substance abuse and chemical dependency.
United States · United States Congress · 17 March 2005
Fairness in Asbestos Injury Resolution Act of 2005 or FAIR Act of 2005 - Establishes within the Department of Labor the Office of Asbestos Disease Compensation, to be headed by an Administrator responsible for processing claims for compensation for asbestos-related injuries and managing the Asbestos Injury Claims Resolution Fund (Fund) (established within such Office). Authorizes the Administrator to establish a Medical Advisory Committee. Requires the Administrator to: (1) establish an Advisory Committee on Asbestos Disease Compensation; (2) establish a comprehensive asbestos claimant assistance program that includes legal assistance; and (3) appoint physicians to claim-specific Physicians Panels. Establishes: (1) procedures for handling claims of asbestos-related disease and injury; (2) medical evidence auditing and review procedures and applicable medical criteria; and (3) award amounts and payment methods. Imposes a general four-year statute of limitations for filing claims, with special provisions for pending claims and multiple injuries. Allows certain asymptomatic claimants to receive medical monitoring reimbursement. Specifies the funding allocation for asbestos defendants required to pay into the Fund. Establishes the Asbestos Insurers Commission to determine Fund payment obligations of insurers up to a specified aggregate amount. Vests exclusive jurisdiction to review: (1) final determinations regarding fund obligations and actions for declaratory and injunctive relief under this Act in the United States Court of Appeals for the District of Columbia; and (2) award decisions in the U.S. Court of Appeals for the circuit in which the claimant resides. Amends the criminal code to prohibit and establish penalties for fraud and false information in connection with Fund claims. Amends the bankruptcy code to state that Fund contribution obligations are not subject to an automatic stay or dischargeable in bankruptcy. Requires remedies provided by this Act to be the exclusive remedy for asbestos claims. Addresses the effect of this Act on insurance and reinsurance contracts. Requires the sunset of specified provisions of this Act if the Administrator determines that the Fund has insufficient resources. Requires the Administrator to refer possible violations of the Toxic Substances Control Act (TSCA), the Clean Air Act, and the Occupational Safety and Health Act of 1970 to specified officials for possible civil or criminal penalties. Requires the U.S. Sentencing Commission to review Federal sentencing guidelines to ensure that environmental crimes relating to asbestos are sufficiently punished. Prohibits discrimination in health insurance coverage against persons who participate in medical monitoring programs under this Act. Amends the TSCA to require the Administrator of the Environmental Protection Agency (EPA) to promulgate regulations prohibiting the manufacture, processing, or distribution in commerce of asbestos containing products, subject to specified exemptions.
United States · United States Congress · 17 March 2005
Higher Education Affordability and Equity Act of 2005 - Amends the Internal Revenue Code to: (1) repeal the dollar limitation on the tax deduction for interest on education loans and expand eligibility for such deduction by revising the modified adjusted gross income phaseout for such deduction; (2) make the tax deduction for qualified tuition and related expenses permanent; (3) increase from $2,000 to $5,000 the maximum allowable contribution to a Coverdell savings account; (4) exclude from gross income amounts received for qualified higher education expenses (e.g., books, supplies, room, board, and special needs services); and (5) allow certain additional expenses (e.g., fees, books, supplies, and equipment) for purposes of the Hope Scholarship Tax Credit and provide that such tax credit shall not be reduced by Federal Pell Grants and Supplemental Educational Opportunity (SEOG) Grants. Repeals the sunset provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) applicable to title IV, subtitles A, B, and D (Affordable Education Provisions) of such Act. Amends the Higher Education Act of 1965 (HEA) to provide that a qualified education benefit shall not be considered an asset of a student for purposes of a student financial need analysis. Defines "qualified education benefit" as a tax-exempt tuition credits program, a State education prepayment plan, and a Coverdell education savings account.
United States · United States Congress · 17 March 2005
Family Smoking Prevention and Tobacco Control Act - Amends the Federal Food, Drug, and Cosmetic Act to provide for the regulation of tobacco products by the Secretary of Health and Human Services through the Food and Drug Administration, including through disclosure, annual registration, inspection, recordkeeping, and user fee requirements. Sets forth criteria by which tobacco products are deemed adulterated or misbranded. Allows the Secretary to require prior approval of all label statements. Allows the Secretary to restrict the sale or distribution of tobacco products, including advertising and promotion, if the Secretary determines that such regulation would be appropriate for the protection of the public health. Prohibits such regulations from: (1) limiting product sales or distribution to authorization of a practitioner licensed to prescribe medical products; (2) prohibiting product sales in face-to-face transactions by a specific category of retail outlets; or (3) establishing a minimum age greater than 18 years of age for product purchases. Prohibits cigarettes from containing any artificial or natural flavor (other than tobacco or menthol) or an herb or spice, including strawberry, cinnamon, or coffee. Requires the Secretary to establish tobacco product standards to protect the public health, but reserves to Congress the power to ban any tobacco products or reduce the nicotine level to zero. Allows the Secretary to take specified actions, including public notification and recall, against unreasonably harmful products. Requires premarket approval of all new tobacco products. Sets forth standards for the sale of modified risk tobacco products. Sets forth provisions regarding: (1) judicial review; (2) coordination with the Federal Trade Commission (FTC); (3) congressional review of regulations; and (4) state and local authority. Requires the Secretary to establish a Tobacco Products Scientific Advisory Committee. Amends the Federal Cigarette Labeling and Advertising Act to change cigarette warning label and advertising requirements. Amends the Comprehensive Smokeless Tobacco Health Education Act of 1986 to change smokeless tobacco warning label and advertising requirements.
United States · United States Congress · 17 March 2005
Clean Water Authority Restoration Act of 2005 - Amends the Federal Water Pollution Control Act to replace the term "navigable waters," throughout the Act, with the term "waters of the United States," defined to mean all waters subject to the ebb and flow of the tide, the territorial seas, and all interstate and intrastate waters and their tributaries, including lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, natural ponds, and all impoundments of the foregoing, to the fullest extent that these waters, or activities affecting them, are subject to the legislative power of Congress under the Constitution.
United States · United States Congress · 16 March 2005
Medicare Patient Access to Physical Therapists Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to authorize qualified physical therapists to provide services for Medicare beneficiaries without the requirement of a physician referral. Provides for treatment of outpatient speech-language pathology services separately from outpatient physical therapy services.
United States · United States Congress · 16 March 2005
Captive Primate Safety Act - Amends the Lacey Act Amendments of 1981 to add non-human primates to the definition of "prohibited wildlife species" to which such Act's requirements (e.g., prohibition against sale or purchase in interstate or foreign commerce) apply.
United States · United States Congress · 16 March 2005
Calls on Turkey to: (1) demonstrate that it is willing to abide by European Union (EU) laws; (2) eliminate all forms of discrimination, particularly those based on race or religion, and grant the Ecumenical Patriarch appropriate international recognition and ecclesiastic succession; and (3) safeguard religious and human rights. Encourages Turkey to continue the advancement of processes and programs to modernize and democratize its own society.
United States · United States Congress · 15 March 2005
Constitutional Amendment - States that equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.
United States · United States Congress · 14 March 2005
Designates the facility of the United States Postal Service located at 332 South Main Street in Flora, Illinois, as the "Robert T. Ferguson Post Office Building."
United States · United States Congress · 14 March 2005
Requires any amounts appropriated for a Representational Allowance for a Member of the House of Representatives which remain after all payments are made under such Allowance to be deposited in the Treasury and used for deficit reduction or, in fiscal years for which there is no Federal budget deficit, to reduce the Federal debt.
United States · United States Congress · 10 March 2005
Safe Highways and Infrastructure Preservation Act - Amends Federal transportation law to prohibit a State from prescribing or enforcing any regulation that allows a restricted property-carrying unit (any trailer, semi-trailer, container, or other property-carrying unit longer than 53 feet, except for a fire-fighting unit) to operate on the National Highway System (NHS) (including the Interstate System), unless the operation of such unit is authorized by the State on June 1, 2005, and in actual and lawful operation on a regular or periodic basis (including seasonal operations) on or before that date. Prohibits a State from allowing the operation of a commercial motor vehicle combination on the NHS (except a vehicle or load that cannot be dismantled or divided easily, and that has been issued a special permit under State law) with more than one property-carrying unit (excluding the truck tractor) whose property-carrying units are more than: (1) the maximum combination trailer, semi-trailer, or other type of length limitation allowed by State law on June 1, 2005; or (2) the length of the property-carrying units of those commercial motor vehicle combinations, by specific configuration, in actual and lawful operation on a regular or periodic basis (including continual seasonal operation) in such State on or before June 1, 2005. Amends Federal highway law to prohibit a State from allowing the operation of a vehicle or combination (other than a longer combination vehicle) exceeding Interstate weight limits on the Interstate System unless its operation was lawful: (1) on July 1, 1956; (2) in the case of the overall gross weight of any group of two or more consecutive axles, on the date of enactment of the Federal-Aid Highway Amendments of 1974; or (3) under a special permit pursuant to State (grandfather) law. Declares that Interstate weight limitations on vehicles and combinations (other than longer combination vehicles) that operate on the Interstate System shall also apply to such vehicles and combinations that operate on non-Interstate segments of the NHS, unless: (1) such segments are subject to lower State weight limits; or (2) a State allows the operation of any vehicle or combination on an existing non-Interstate segment of the NHS that could be so operated lawfully on June 1, 2005.
United States · United States Congress · 10 March 2005
Gynecologic Cancer Education and Awareness Act of 2005 or Johanna's Law - Directs the Secretary of Health and Human Services to carry out a national campaign to increase the awareness and knowledge of women with respect to gynecologic cancers, which shall include: (1) maintaining a supply of written materials to provide information to the public on gynecologic cancers; and (2) developing and placing public service announcements to encourage women to discuss their risks of gynecologic cancers with their physicians. Requires the Secretary to award grants to nonprofit private entities to test different outreach and education strategies for increasing such awareness among women and health professionals.
United States · United States Congress · 10 March 2005
Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal collectively to the Tuskegee Airmen in recognition of their unique military record, which inspired revolutionary reform in the Armed Forces.
United States · United States Congress · 10 March 2005
Genetic Information Nondiscrimination Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act to expand the prohibition against discrimination by group health plans and health insurance issuers in the group and individual markets on the basis of genetic information or services to prohibit: (1) enrollment and premium discrimination based on information about a request for or receipt of genetic services; and (2) requiring genetic testing. Sets forth penalties for violations. Amends title XVIII (Medicare) of the Social Security Act to prohibit issuers of Medicare supplemental policies from discriminating on the basis of genetic information. Extends medical privacy and confidentiality rules to the disclosure of genetic information. Makes it an unlawful employment practice for an employer, employment agency, labor organization, or training program to discriminate against an individual or deprive such individual of employment opportunities because of genetic information. Prohibits the collection and disclosure of genetic information, with certain exceptions. Establishes a Genetic Nondiscrimination Study Commission to review the developing science of genetics and advise Congress on the advisability of providing for a disparate impact cause of action under this Act.
United States · United States Congress · 10 March 2005
Teague Ryan Sudden Child Cardiac Arrhythmia Syndromes Screening and Education Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award grants or contracts to carry out programs to: (1) screen children for sudden cardiac arrhythmia syndromes; (2) provide referrals for medical services regarding such syndromes; and (3) provide education on such syndromes to health professionals and the general public. Requires the Secretary to give priority to: (1) screenings and referrals for children who participate, or intend to participate, in organized sports; and (2) educational activities directed toward parents of such children and health professionals who commonly provide medical care for such children.
United States · United States Congress · 10 March 2005
Children's Hospitals Education Equity and Research (CHEER) Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to make payments through FY 2010 (currently, through FY 2005) to children's hospitals for expenses associated with operating approved graduate medical residency training programs. Excludes reductions for unused resident positions when calculating the number of full-time residents in a children's hospital's approved training program for purposes of reimbursing direct expenses. Requires the Secretary to adjust the proportion of such a hospital's costs attributable to wages for differences in hospital wage levels by geographic area. Authorizes appropriations through FY 2010 for direct and indirect expenses associated with operating such programs. Requires that funds appropriated for such programs for a fiscal year remain available for obligation through the end of the succeeding fiscal year. Limits the ability to recoup funds unless a demand for recoupment is made by the end of the fiscal year. Sets forth an appeals procedure and limitations on retroactivity for decisions affecting the amount of payments to a hospital for such programs.
United States · United States Congress · 9 March 2005
Rockies Prosperity Act - Designates the following lands in Idaho, Montana, Oregon, Washington, and Wyoming as wilderness and components of the National Wilderness Preservation System (System): (1) Greater Glacier/Northern Continental Divide ecosystem; (2) Greater Yellowstone ecosystem; (3) Greater Salmon/Selway ecosystem; (4) Greater Cabinet/Yaak/Selkirk ecosystem; (5) Islands in the Sky Wilderness; and (6) Blackfeet Wilderness. Designates: (1) specified wild land areas as Biological Connecting Corridors to protect the life flow of the Northern Rockies Bioregion; (2) the inventoried roadless areas identified as part of the Corridors as components of the System; and (3) certain biological connecting corridors as special corridor management areas. Establishes the Hells Canyon/Chief Joseph National Park and Preserve as a National Park System unit. Repeals Federal law provisions that establish the Hells Canyon National Recreation Area. Requires the Secretary of the Interior to: (1) implement a program of ecosystem restoration in the Preserve; and (2) study the feasibility of creating a Flathead National Park and Preserve in the area generally known as the Glacier View Ranger District of the Flathead National Forest. Amends the Wild and Scenic Rivers Act to designate segments of specified rivers and creeks in Idaho, Montana, and Wyoming as components of the National Wild and Scenic Rivers System. Establishes the National Wildland Restoration and Recovery System and the National Wildland Recovery Corps. Requires the Secretaries of the Interior and Agriculture to assure nonexclusive access to the specified areas and corridors designated by this Act by Native Americans for traditional cultural and religious purposes.
United States · United States Congress · 9 March 2005
Abraham Lincoln National Heritage Area Act - Establishes the Abraham Lincoln National Heritage Area in Illinois. Designates the Looking for Lincoln Heritage Coalition as the management entity for the Area. Allows the Coalition, using funds made available under this Act, to prepare a management plan for the Area and reports, studies, interpretive exhibits and programs, historic preservation projects, and other activities recommended in the plan. Prohibits the Coalition from using Federal funds received under this Act to acquire real property. Directs the Coalition to submit to the Secretary of the Interior a management plan reviewed by participating units of government within the Area's boundaries which shall, among other things: (1) contain a comprehensive program for conservation, interpretation, funding, management, and development and historical, cultural, and natural resources and recreational and educational opportunities of the Area; and (2) include a business plan detailing the functions of the local coordinating entity and of activities included in recommendations contained in the plan. Requires the Secretary to approve or disapprove the proposed plan not later than 90 days after receiving it. Authorizes the Secretary to provide technical and financial assistance to the Coalition for the development and implementation of the management plan. Requires the Coalition to provide assistance and encouragement to State and local governments, private organizations, and persons to protect and promote the Area's resources and values.
United States · United States Congress · 8 March 2005
Expresses support for the goals and ideals of Rotary International Day (February 23, 2005) to celebrate the 100th anniversary of Rotary International. Recognizes Rotary International's service to improving the human condition in communities throughout the world.
United States · United States Congress · 3 March 2005
Declares that the steel import licensing and monitoring program established by the Secretaries of the Treasury and of Commerce shall remain in effect and be established by the Secretary of Commerce as a permanent program. Requires the Secretaries to expand the program to include all iron and steel, and all articles of iron and steel, specified in this Act. Requires release of the import and licensing data made available to the public as part of this program, based upon classifications at the tenth digit level of the Harmonized Schedule of the United States. Grants the Secretaries authority to maintain the program and to expand it as necessary and appropriate in accordance with this Act.
United States · United States Congress · 3 March 2005
Save Our Waters From Sewage Act of 2005 - Amends the Federal Water Pollution Control Act to prohibit publicly owned treatment works (POTWs) from intentionally diverting waste streams to bypass any portion of the treatment facility unless: (1) the bypass is unavoidable to prevent loss of life, personal injury, or severe property damage; (2) there is no feasible alternative; and (3) the treatment works provides notice of the bypass in accordance with this Act; or (4) the bypass does not cause effluent limitations to be exceeded and is for essential maintenance. Requires POTWs to provide the Administrator of the Environmental Protection Agency (EPA) (or the State if the State has an approved permit program) with: (1) prior notice of an anticipated bypass; and (2) notice of an unanticipated bypass within 24 hours of becoming aware of such bypass as well as follow-up notice. Directs the Administrator to establish procedures to ensure that permits issued to POTWs under the National Pollutant Discharge Elimination System include requirements to implement this Act.
United States · United States Congress · 3 March 2005
Fire Sprinkler Incentive Act of 2005 - Amends the Internal Revenue Code to classify automatic fire sprinkler systems as five-year depreciable property. .
United States · United States Congress · 3 March 2005
House Democracy Assistance Commission Resolution - Establishes in the House of Representatives a House Democracy Assistance Commission to: (1) work with the parliaments of selected countries that have established or are developing democratic parliaments which would benefit from assistance under this resolution; (2) enable Members, officers, and staff of the House of Representatives and congressional support agencies to provide expert advice to members and staff of the parliaments of such countries, including visits to the House and support agencies to observe their operations first-hand; and (3) make recommendations to the Administrator of the United States Agency for International Development (USAID) regarding the provision of needed material assistance to such parliaments to improve the efficiency and transparency of their work. Requires the Commission to study and report to Congress annually on the feasibility of such assistance programs to the countries selected. Declares the sense of the House that the countries studied should reflect a geographic diversity and, over time, include countries from each of the following regions: Africa, Asia and the Pacific, Europe, the Middle East and Central Asia, and the Western Hemisphere.
United States · United States Congress · 3 March 2005
Expresses the sense of Congress that: (1) the U.S. Government should continue to insist that the People's Republic of China (PRC) respect its citizens' fundamental human rights; and (2) the U.S. representative should introduce a resolution at the 61st Session of the United Nations (UN) Human Rights Commission in Geneva, Switzerland, detailing the human rights situation in the PRC and urging it to abide by internationally recognized human rights standards. Urges the PRC to: (1) stop the persecution of religious practitioners and to safeguard fundamental human rights; (2) stop the forced return of North Korean refugees; (3) end its coercive one-child per family policy; (4) investigate the 1989 Tiananmen Square event, release all prisoners held in connection with that event, and compensate the families who lost their loved ones; (5) release all prisoners of conscience, persons held because of their religious activities, and persons of humanitarian concern; (6) release the 11th Panchen Lama identified by Dalai Lama and allow him to undertake his rightful role; and (7) allow visits to China by the United States Commission on International Religious Freedom, the United Nations Special Rapporteurs on Religious Intolerance and Torture, and the International Committee of the Red Cross.
United States · United States Congress · 17 February 2005
Bipartisan Commission on Medicaid Act of 2005 - Establishes the Bipartisan Commission on Medicaid to review: (1) each of Medicaid's major functional responsibilities; (2) issues that either threaten or improve the long-term financial condition of Medicaid; (3) Federal and State policies for Medicaid and Medicare enrollment (including enrollment sites), income eligibility, outreach, and documentation; (4) the operation and effectiveness of Medicaid premium assistance programs; and (5) Medicaid payment policies.
![Official portrait of Sen. Kirk, Mark Steven [R-IL]](https://www.congress.gov/img/member/k000360_200.jpg)