United States · United States Congress · 10 May 2005
Kinship Caregiver Support Act - Authorizes the Assistant Secretary for Children and Families of the Department of Health and Human Services to make grants for kinship navigator programs to state agencies, metropolitan agencies, or tribal organizations with experience in addressing needs of kinship caregivers or children and connecting them with services and assistance. Amends part E (Federal Payments for Foster Care and Adoption Assistance) of title IV of the Social Security Act to authorize all states to opt to enter agreements to provide kinship guardianship assistance payments on behalf of children to grandparents and other relatives who have assumed legal guardianship of children for whom they have cared as foster parents and have committed to care for on a permanent basis. Allows states to use part E funds to make such payments under specified conditions. Provides that adoptive parents of children with special needs remain eligible for adoption assistance, even if they receive kinship guardianship assistance. Authorizes kinship guardianship demonstration projects. Requires states to: (1) notify all adult grandparents and other adult relatives (with exceptions due to family or domestic violence) when a child is removed from custody of a parent or parents; and (2) explain the options the relative has to participate in the child's care and placement. Allows state agencies to establish separate standards for foster family homes in which a foster parent is a relative of the foster child.
United States · United States Congress · 9 May 2005
Reservists Pay Security Act of 2005 - Entitles Federal employees who are absent from their positions while on active duty in the uniformed services or the National Guard to receive the amount of their basic pay which, when taken together with their military pay and allowances, is no less than the amount of pay that they would have earned if there had been no interruption in their civilian employment. Expands the reemployment rights of Federal employees on active duty in the uniformed services. Makes this Act retroactive to pay periods beginning on October 11, 2002, subject to the availability of appropriated funds.
United States · United States Congress · 28 April 2005
Truth in Broadcasting Act of 2005 - Amends the Communications Act of 1934 to require that any prepackaged news story produced by or on behalf of a Federal agency that is broadcast or distributed by a network organization, broadcast licensee or permittee, or multichannel video programming distributor in the United States conspicuously identifies the U.S. Government as the story's source. Makes it unlawful to remove such identifying announcement. Defines "prepackaged news story" as a complete, ready-to-use audio or video news segment designed to be indistinguishable from a news segment produced by an independent news organization.
United States · United States Congress · 28 April 2005
Safe Health Care Reporting Act of 2005 - Amends the Health Care Quality Improvement Act of 1986 to require State licensing boards (currently, boards of medical examiners) to report to the National Practitioner Data Bank regarding: (1) any sanctions taken against a physician or health care practitioner (currently, against a physician); and (2) known instances of health care entities failing to report required information. Requires (current law authorizes) health care entities to report specified information to State licensing boards and the Data Bank regarding any action that adversely affects the clinical privileges of a health care practitioner who is not a physician if the entity would be required to report such information if the practitioner were a physician. Allows the Secretary to impose fines for violations of reporting requirements by health care entities. Requires health care entities and other agencies that employ physicians or other licensed health care providers (currently, requires hospitals) to request from the Data Bank and the State licensing board reported information on licensed health care practitioners who apply to be on the medical staff or who apply for clinical privileges or employment. Provides immunity from civil liability for health care entities that disclose information about employees pursuant to mandatory reporting requirements unless the employer knowingly disclosed false information or violated any legal right of the employee. Prohibits health care entities from retaliating against any employee who, in good faith, reports conduct that may be construed to violate a Federal or State law to a State authority, licensing authority, peer review organization, or employer. Amends title XIX (Medicaid) of the Social Security Act to require States to implement a system to report criminal background information to the Data Bank.
United States · United States Congress · 28 April 2005
Providing Reliable Officers, Technology, Education, Community Prosecutors, and Training In Our Neighborhoods Act of 2005 or the PROTECTION Act - Modifies provisions of the Omnibus Crime Control and Safe Streets Act of 1968 regarding public safety and community policing ("cops on the beat" program, COPS) to authorize the Attorney General to use COPS grants to: (1) increase prosecutor presence and to enhance law enforcement access to new technologies; (2) pay overtime to existing career law enforcement officers to the extent that such overtime is devoted to community-oriented policing; and (3) promote higher education among in-service State and local law enforcement officers by reimbursing them for certain educational costs. Includes among permitted additional grant projects: (1) specialized integrity and ethics training; and (2) innovative proactive crime control and prevention programs involving school officials and religiously-affiliated organizations. Authorizes the Attorney General to use up to five percent of funds available for technical assistance and training grants in any fiscal year to States, local governments, Indian tribal governments, and other entities. Allows grants to be used to assist: (1) police departments in employing specified professional, scientific, and technological advancements; and (2) State, local, or tribal prosecutors' offices in implementation of community-based prosecution programs that build on local community-oriented policing efforts. Reserves specified funds for local governmental units with a population of less than 50,000. Authorizes the Attorney General to use no more than 50 percent of grant renewal funds to award grants targeted for police officer retention.
United States · United States Congress · 28 April 2005
Workplace Wrongful Death Accountability Act - Amends the Occupational Safety and Health Act of 1970 to revise requirements for citations and penalties.
United States · United States Congress · 27 April 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 · 27 April 2005
Education for Retirement Security Act of 2005 - Authorizes the Secretary of Health and Human Services to award grants to eligible entities to provide financial education programs to mid-life and older individuals who reside in local communities in order to: (1) enhance their financial and retirement knowledge; and (2) reduce financial abuse and fraud, including telemarketing, mortgage, and pension fraud, among them. Authorizes the Secretary to award a grant to one or more eligible entities to: (1) create and make available instructional materials and information that promote financial education; and (2) provide training and other related assistance regarding the establishment of financial education programs.
United States · United States Congress · 27 April 2005
Veterinary Workforce Expansion Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to award grants to eligible entities to improve public health preparedness through increasing the number of veterinarians in the workforce. Defines "eligible entities" as accredited public or nonprofit schools of veterinary medicine, departments of comparative medicine, departments of veterinary science, schools of public health, or schools of medicine that offer training for veterinarians in a public health practice area. Requires the Secretary to give preference to applicants that demonstrate a comprehensive approach by involving more than one eligible entity. Allows grantees to use funds to: (1) pay the costs associated with construction, the acquisition of equipment, and other capital costs relating to the expansion of existing schools or departments; and (2) pay the capital costs associated with the expansion of academic programs that offer postgraduate training for veterinarians or concurrent training for veterinary students in specific areas of specialization.
United States · United States Congress · 27 April 2005
Youth Financial Education Act - Amends the Elementary and Secondary Education Act of 1965 to authorize the Secretary of Education to allot grants to state educational agencies to provide funds to local educational agencies and public schools for personal financial literacy education programs for students in kindergarten through grade 12, and for professional development programs to prepare teachers and administrators for such financial education. Directs the Secretary to make a grant to or contract with an entity with substantial financial education experience for a national clearinghouse for instructional materials and information on model financial education programs and best practices.
United States · United States Congress · 27 April 2005
Healthy Families Act - Requires certain employers, who employ 15 or more employees for each working day during 20 or more workweeks a year, to provide a minimum paid sick leave of: (1) seven days annually for those who work at least 30 hours per week; and (2) a prorated annual amount for those who work less than 30 but at least 20 hours a week, or less than 1,500 but at least 1,000 hours per year. Allows employees to use such leave to meet their own medical needs or to care for the medical needs of certain family members. Directs the Secretary of Labor to exercise certain investigative and enforcement authority with respect to this Act's provisions regarding employees covered by title I of the Family and Medical Leave Act of 1993 or the Government Employee Rights Act of 1991. Provides that, for employees under their jurisdiction, such authority shall be exercised by the Librarian of Congress, the Comptroller General, the Board of Directors of the congressional Office of Compliance, or the Merit Systems Protection Board. Declares that the requirements under this Act are minimum requirements, and are not to be construed to discourage employers from adopting or retaining more generous leave policies.
United States · United States Congress · 27 April 2005
TANF Financial Education Promotion Act of 2005 - Amends part A (Temporary Assistance for Needy Families) (TANF) of title IV of the Social Security Act to require a State to specify in its State plan how it intends to establish goals and take action to promote financial education among parents and caretakers receiving TANF assistance through collaboration with community-based organizations, financial institutions, and the Cooperative State Research, Education, and Extension Service of the Department of Agriculture. Defines financial education as education that promotes an understanding of consumer, economic, and personal finance concepts, including the basic principles involved with earning, budgeting, spending, saving, investing, and taxation. Designates financial education a work activity for TANF purposes.
United States · United States Congress · 27 April 2005
Medicare Mental Health Modernization Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to provide for: (1) elimination of the lifetime limit on inpatient mental health services; (2) parity in treatment for outpatient mental health services; (3) coverage of intensive residential services under Medicare part A (Hospital Insurance) and of intensive outpatient services under Medicare part B (Supplementary Medical Insurance); (4) exclusion of clinical social worker services from coverage under the Medicare skilled nursing facility prospective payment system; and (5) coverage of marriage and family therapist services and mental health counselor services under Medicare. Directs the Secretary of Health and Human Services to study and report to Congress on whether the criteria for coverage of any therapy service or any oupatient mental health care service under Medicare unduly restricts the access to such a service of any Medicare beneficiary with Alzheimer's disease or a related mental illness because the coverage criteria requires the Medicare beneficiary to display continuing clinicial improvement to continue to receive the service.
United States · United States Congress · 26 April 2005
Designates the facility of the United States Postal Service located at 1560 Union Valley Road in West Milford, New Jersey, as the "Brian P. Parrello Post Office Building."
United States · United States Congress · 26 April 2005
Breast Cancer Patient Protect Action of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to require a group health plan or a health issuer offering group health insurance coverage that provides medical and surgical benefits to ensure that inpatient (and in the case of a lumpectomy, outpatient) coverage and radiation therapy are provided for breast cancer treatment. Prohibits such a plan or issuer from: (1) restricting benefits for any hospital length of stay to less than 48 hours in connection with a mastectomy or breast conserving surgery or 24 hours in connection with a lymph node dissection; or (2) requiring that a provider obtain authorization from the plan or issuer for prescribing any such length of stay. Requires such a plan or issuer to: (1) provide notice to each participant and beneficiary regarding the coverage required under this Act; and (2) ensure that full coverage is provided for secondary consultations by specialists in the appropriate medical fields to confirm or refute a diagnosis of cancer. Applies such requirements to health insurance issuers offering coverage in the individual market.
United States · United States Congress · 22 April 2005
Transit in Parks Act (or the TRIP Act) - Directs the Secretary of Transportation to develop cooperative relationships with the Secretary of the Interior providing for: (1) technical assistance in alternative transportation; (2) interagency and multidisciplinary teams to develop Federal land management agency (the National Park Service, the United States Fish and Wildlife Service, or the Bureau of Land Management) alternative transportation policy, procedures, and coordination; and (3) the development of procedures and criteria relating to the planning, selection, and funding of qualified planning or capital projects (carried out in or in the vicinity of any federally owned or managed park, refuge, or recreational area open to the general public), as well as implementation and oversight of the projects program. Sets forth requirements with respect to departmental cost sharing, financing, and selection of qualified projects. Requires projects of more than $25 million to be carried out through a full funding agreement. Requires the qualified participants of such projects to prepare a project management plan.
United States · United States Congress · 21 April 2005
Clean Ocean and Safe Tourism Anti-Drilling Act, or the COAST Anti-Drilling Act - Amends the Outer Continental Shelf Lands Act to prohibit the Secretary of the Interior from issuing a lease for the exploration, development, or production of oil, natural gas, or any other mineral in either the Mid-Atlantic or the North Atlantic planning areas.
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 · 21 April 2005
Save More for Retirement Act of 2005 - Amends the Internal Revenue Code to provide that a 401(k) pension plan which provides for automatic enrollment of new employees shall be treated as meeting nondiscrimination requirements if employers contribute a specified amount to such plans, allow for earlier vesting of employee ownership, and provide certain notices to employees of their rights and obligations under such plans. Permits automatically-enrolled employees to opt out of plan participation. Requires such plans to provide for annual increases in employee contributions up to a maximum level of ten percent of employee compensation. Amends the Employee Retirement Income Security Act (ERISA) to: (1) preempt State laws that would prohibit or restrict automatic employee contributions; and (2) direct the Secretary of Labor to provide guidance, by regulations, to employers in selecting default investments for employees who elect not to direct the investment of their pension plan assets.
United States · United States Congress · 21 April 2005
Human Cloning Ban and Stem Cell Research Protection Act of 2005 - Prohibits: (1) conducting or attempting to conduct human cloning; (2) shipping the product of nuclear transplantation in interstate or foreign commerce for the purpose of human cloning in the United States or elsewhere; or (3) exporting to a foreign country an unfertilized blastocyst if such country does not prohibit human cloning. Sets forth criminal and civil penalties for violations. Requires the Comptroller General to report to the relevant congressional committees on: (1) actions taken to enforce such prohibitions; (2) actions of State attorneys general to enforce similar State laws; (3) coordination of Federal, State, and local enforcement; and (4) international laws relating to human cloning. Amends the Public Health Service Act to require research involving nuclear transplantation to be conducted in accordance with applicable Federal regulations regarding the protection of human subjects and Institutional Review Boards. Prohibits: (1) a somatic cell nucleus from being transplanted into a human oocyte (egg) that has undergone or will undergo fertilization; (2) an unfertilized blastocyst from being maintained after more than 14 days from its first cell division, not counting storage times at temperatures less than zero degrees centigrade; (3) an oocyte from being used in nuclear transplantation research unless donated voluntarily with the donor's informed consent; (4) a human oocyte or unfertilized blastocyst from being acquired, received, or transferred for valuable consideration in interstate commerce; and (5) nuclear transplantation in a laboratory in which human oocytes are subject to assisted reproductive technology treatments or procedures. Sets forth civil penalties for violations.
United States · United States Congress · 20 April 2005
Theodore Roosevelt Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 silver coins: (1) emblematic of the life and legacy of President Theodore Roosevelt, bearing his image as a Rough Rider on one side and an eagle design on the other side; and (2) bearing his image on horseback on one side and depicting a flaming sword of righteousness on the other side. Expresses the sense of Congress that the coins should be struck at the U.S. Mint at West Point, New York. Authorizes the Secretary to: (1) issue such coins beginning on January 1, 2006; and (2) initiate coin sales before such date. (2006 will mark the 100th anniversary of Roosevelt's award of the Nobel Peace Prize.) Requires payment of $10 surcharges from the coin sales to the Theodore Roosevelt Association, to be used exclusively for educational programs at Sagamore Hill National Historic Site, including a visitor's center.
United States · United States Congress · 20 April 2005
Community Development Homeownership 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 · 19 April 2005
Employee Free Choice Act - Amends the National Labor Relations Act to require the National Labor Relations Board to certify a bargaining representative without directing an election if a majority of the bargaining unit employees have authorized designation of the representative and there is no other individual or labor organization currently certified or recognized as the exclusive representative of any of the employees in the unit. Sets forth special procedural requirements for reaching an initial collective bargaining agreement following certification or recognition. Revises enforcement requirements with respect to unfair labor practices during union organizing drives. Provides, under injunction provisions, for priority to be given to preliminary investigation of charges of violations by employers or other entities. Adds to remedies for such violations: (1) back pay plus liquidated damages; and (2) additional civil penalties.
United States · United States Congress · 19 April 2005
Combating Autism Act of 2005 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH): (1) to develop a scientifically justified budget for research on autism spectrum disorders; (2) acting through the Director of the National Institute of Mental Health, to provide for centers of excellence regarding research on autism; and (3) acting through the Director of the National Institute of Child Health and Human Development and the Director of the National Institute on Deafness and Other Disorders, to provide for Collaborative Programs of Excellence in Autism. Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to establish: (1) regional centers of excellence in autism and pervasive developmental disabilities epidemiology; and (2) a clearinghouse for the collecting and storage of data generated. Requires the Secretary to establish: (1) a program to provide information and education on autism and its risk factors to health professionals and the general public; and (2) the Autism Coordinating Committee to coordinate autism related activities within the Department of Health and Human Services (HHS). Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to award grants or cooperative agreements to develop statewide autism screening, diagnosis, and intervention programs and systems. Requires the Director of NIH, acting through the Director of the National Institute of Environmental Health Sciences, to provide for centers of excellence regarding environmental health and autism.
United States · United States Congress · 19 April 2005
Recognizes the special legal and political relationship the Indian tribes have with the United States and the solemn covenant with the land we share. Commends and honors the Native Peoples for the thousands of years that they have stewarded and protected this land. Recognizes that there have been years of official depredations, ill-conceived policies, and the breaking of covenants by the Federal Government regarding Indian tribes. Apologizes on behalf of the people of the United States to all Native Peoples for the many instances of violence, maltreatment, and neglect inflicted on them by U.S. citizens. Expresses the regret of the United States for the ramifications of former wrongs and its commitment to build on the positive relationships of the past and present to move toward reconciliation. Urges the President to acknowledge the wrongs of the United States against Indian tribes in U.S. history. Commends the State governments that have begun reconciliation efforts with recognized Indian tribes located in their boundaries, and encourages all State governments to do the same. Declares that nothing in this Joint Resolution authorizes any claim against the United States or serves as a settlement of any claim against it.
United States · United States Congress · 18 April 2005
Christopher Reeve Paralysis Act - Amends the Public Health Service Act to permit the Director of the National Institutes of Health (NIH): (1) acting through the Director of the National Institute of Neurological Disorders and Stroke, to expand and coordinate NIH activities on paralysis research; (2) to award grants to plan, establish, improve, and provide basic operating support for Christopher Reeve Paralysis Research Consortia; (3) to educate and disseminate information and receive public comment on NIH programs and research regarding paralysis; (4) acting through the Director of the National Institute on Child Health and Human Development and the National Center for Rehabilitation Research, to expand and coordinate NIH research with implications for enhancing daily function for persons with paralysis; and (5) to make grants to plan, establish, improve, and provide basic operating support for multicenter clinical trial networks to design clinical rehabilitation intervention protocols and measures of outcomes on paralysis. Permits the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to study the health challenges associated with paralysis and other physical disabilities and carry out projects and interventions to improve the quality of life and long-term health status of individuals with such conditions. Permits the Secretary to award grants for activities related to paralysis, including to: (1) establish paralysis registries; and (2) disseminate information to the public. Allows the Secretary of Veterans Affairs to: (1) establish Paralysis Research, Education and Clinical Care Centers; and (2) award grants to medical centers of the Department of Veterans Affairs (VA) to translate clinical findings and recommendations on paralysis into evidence-based best practices.
United States · United States Congress · 18 April 2005
Crossroads of the American Revolution National Heritage Area Act of 2005 - Establishes the Crossroads of the American Revolution National Heritage Area in New Jersey. Designates the Crossroads of the American Revolution Association, Inc. as the Area's management entity. Directs the Association to submit, and to assist local governments, regional planing organizations, and nonprofit entities in implementing, an area management plan which includes strategies for conservation, funding, management, and development of the Area. Bars the Association from using Federal funds received under this Act to acquire real property, but allows it to use any other source of funding, including other Federal funding, intended for the acquisition of real property. Authorizes the Secretary of the Interior to provide assistance to: (1) the Area to develop and implement the management plan; and (2) State or local government or nonprofit organizations for treatment of historical objects or structures eligible for listing on the National Register of Historic Places. Authorizes the Superintendent of Morristown National Historical Park to provide operational assistance supporting implementation of the management plan to public and private organizations within the Area, including the Association.
United States · United States Congress · 15 April 2005
Abraham Lincoln Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 coins emblematic of the life and legacy of President Abraham Lincoln in commemoration of the bicentennial of his birth. Permits issuance of such coins only during the one-year period beginning on January 1, 2009. Subjects the coin sales to a surcharge of $10 per coin.
United States · United States Congress · 14 April 2005
Military Families Leave Act of 2005 - Amends the Family and Medical Leave Act of 1993, and Federal law relating to the Armed Forces, to entitle eligible employees to certain leave because of any qualifying exigency arising out of the fact that their spouse, son, daughter, or parent is a member of the Armed Forces who is serving on active duty in support of a contingency operation or has been notified of an impending call or order to such active duty.
United States · United States Congress · 14 April 2005
Safe Teen and Novice Driver Uniform Protection Act of 2005 (STANDUP Act) - Authorizes the Secretary of Transportation to award incentive grants to States with graduated driver licensing laws that include for novice drivers under age 21: (1) a three-stage licensing process (including a learner's permit stage and an intermediate stage before an unrestricted driver's license is granted); (2) a prohibition on nighttime driving during the learner's permit and intermediate stages; (3) a prohibition (during the learner's permit and intermediate stages) against operating a motor vehicle with more than one non-familial passenger under age 21 if there is no licensed driver 21 years old or older present in the vehicle; and (4) any other requirement that the Secretary may require. Directs the Secretary to withhold a certain amount of Federal-aid highway funds from States that are not in compliance with the requirements of this Act.
United States · United States Congress · 14 April 2005
Amends Federal veterans' benefits provisions to require that a member insured under the Servicemembers' Group Life Insurance (SGLI) program be automatically issued a traumatic injury protection rider that will provide a payment of up to $100,000 per event if the member, while so insured, sustains a traumatic injury that results in: (1) a loss of sight, limbs, movement, speech, or hearing; (2) certain burns; or (3) a coma or the inability to carry out certain daily living activities. Provides coverage exceptions, including attempted suicide or self-inflicted injury, committing or attempting to commit a felony, being legally intoxicated, or willful misconduct. Provides specific payment amounts with respect to each type of injury or loss. Requires the payment, while a member is serving on active or reserve duty, of premiums for such additional coverage. Terminates such coverage upon separation from the Armed Forces.
United States · United States Congress · 14 April 2005
Clean Cruise Ship Act of 2005 - Prohibits cruise vessels entering U.S. ports from discharging sewage, graywater, or bilge water into the waters of the United States, with specified exceptions, including when in compliance with effluent limits and management standards. Requires the Commandant of the Coast Guard and the Administrator of the Environmental Protection Agency to issue regulations establishing effluent limits for sewage and graywater discharged by cruise vessels. Requires the Commandant to issue regulations implementing an inspection, sampling, and testing program sufficient to verify compliance with this Act and other specified laws. Prohibits employment discrimination against persons who institute or testify in proceedings under this Act. Authorizes interested persons to file a petition in U.S. circuit court requesting review of the Commandant's action in promulgating effluent limits or carrying out inspections, sampling, or testing under this Act. Establishes administrative, civil, and criminal penalties for violations of this Act. Authorizes rewards for information leading to the payment of such penalties. Establishes in rem liability for cruise vessels violating this Act. Authorizes citizen suits in the U.S. district courts against those who violate this Act or related regulations and orders, or against the Administrator or Commandant for an alleged failure to perform. Establishes special compliance deadlines for Alaskan cruise vessels with advanced treatment systems. Establishes the Cruise Vessel Pollution Control Fund. Requires the Commandant to establish and collect fees from cruise vessels to carry out this Act and to deposit fees in the Fund.
United States · United States Congress · 14 April 2005
Commuter Benefits Equity Act of 2005 - Amends the Internal Revenue Code to equalize and increase to $200, with a modified cost-of-living adjustment, the tax exclusion for both transportation and parking fringe benefits. Extends such benefits to federal employees.
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 · 14 April 2005
Commends the Honorable Annice M. Wagner (Chief Judge of the District of Columbia Court of Appeals) for her commitment and dedication to public service, the judicial system, equal access to justice, and the community.
United States · United States Congress · 13 April 2005
Pharmacy Consumer Protection Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to prohibit any payment to a pharmacy unless it ensures: (1) that each valid prescription is filled without unnecessary delay or other interference, consistent with the normal timeframe for filling prescriptions; and (2) that, if the prescribed item is not in the pharmacy's stock, the pharmacy will order such item without unnecessary delay or, if the patient prefers, will transfer the prescription to a local pharmacy of the patient's choice or return the prescription to the patient, at the patient's request. Amends SSA title XIX (Medicaid) to require any pharmacy that provides services to any individual eligible for medical assistance to comply with the requirements 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 reduction and prevention requirements for vessels (including towed vessels and structures) operating in U.S. waters. Requires the Secretary of Homeland Security (Secretary) to promulgate ballast water management regulations 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. Prohibits the importation of a live aquatic organism 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 (EPA) to implement a national system of ecological surveys for rapid early detection and monitoring of invasive species. Establishes the Emergency Rapid Response Fund to assist States in implementing rapid response measures for aquatic 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 upgrade and make permanent the existing Chicago sanitary and ship canal dispersal barrier in Chicago, Illinois, constructed as a demonstration project to prevent the spread of aquatic invasive species in U.S. waterways. Directs the Secretary of the department in which the Coast Guard is operating to construct, at full Federal expense, the Chicago sanitary and ship canal dispersal barrier authorized by the Water Resources Development Act of 1986. Requires NOAA, the Smithsonian Environmental Research Center, and the U.S. Geological Survey (Administering Agencies) to develop and conduct a marine and freshwater research program to assess rates of, patterns of, and conditions surrounding introductions of nonindigenous aquatic species in aquatic ecosystems and efforts to prevent the introduction of, and detect and eradicate, such species. Requires the EPA Administrator to develop an environmentally sound, cost-effective technology development, demonstration and verification grant program. Requires the Secretary and the EPA to develop a vessel pathway standards research program. Requires the National Science Foundation to establish a grant program for researchers at institutions of higher education and museums to carry out research in systematics and taxonomy. 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 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
Federal Aviation Safety Security Act of 2005 - Declares that functions performed by air traffic control specialists at Federal Aviation Administration flight service stations are inherently governmental functions, and must be performed by Federal employees. Voids any action taken pursuant to the Federal Activities Inventory Reform Act of 1998 to include such functions on certain annual Federal agency lists (submitted to the Office of Management and Budget) of government activities performed by Federal Government sources for an agency that are not inherently governmental functions.
United States · United States Congress · 12 April 2005
Preserving Access to Affordable Drugs Act of 2005 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to permit a State Pharmaceutical Assistance Program, at the option of the State operating it, to act as the authorized representative for any part D eligible individual residing in the State who is enrolled in the Program in order to select one or more preferred prescription drug plans to enroll such an individual, so long as the individual is afforded the authority to decline such enrollment. Revises the declaration that the coordination requirements for plans providing prescription drug coverage shall not impair or prevent a prescription drug plan (PDP) sponsor or Medicare Advantage (MA) organization from applying cost management tools (including differential payments) under its own methods of operation. Declares further that a PDP sponsor or MA organization may not require a State Pharmaceutical Assistance Program or an RX plan to apply such cost management tools when coordinating benefits. Amends SSA title XIX (Medicaid) to repeal current requirements governing the coordination of prescription drug benefits.
United States · United States Congress · 11 April 2005
Breast Cancer and Environmental Research Act of 2005 - Amends the Public Health Service Act to require the Director of the National Institute of Environmental Health Sciences to make grants to public or nonprofit private entities for the development and operation of not more than eight centers to conduct multidisciplinary and multi-institutional research on environmental factors that may be related to the etiology of breast cancer. Requires each such center to: (1) be known as a Breast Cancer and Environmental Research Center of Excellence; (2) establish ongoing collaborations with community organizations; (3) be formed from a consortium of cooperating institutions; (4) be supported under this Act for a period of not more than five years with additional periods allowed after review and recommendation; and (5) use innovative approaches to study unexplored areas of the environment and breast cancer. Requires the Secretary of Health and Human Services to establish a Breast Cancer and Environmental Research Panel to make recommendations for and to review grants awarded under this Act
United States · United States Congress · 11 April 2005
OPEC Accountability Act - Requires the President to initiate consultations with Indonesia, Kuwait, Nigeria, Qatar, the United Arab Emirates, and Venezuela to seek their elimination of any action that: (1) limits the production or distribution of oil, natural gas, or any other petroleum product; (2) sets or maintains the price of any such product; or (3) otherwise is an action in restraint of trade with respect to such products when such action constitutes an act, policy, or practice that is unjustifiable and burdens and restricts U.S. commerce. Requires the U.S. Trade Representative to: (1) initiate World Trade Organization (WTO) dispute proceedings if the consultation is not successful with respect to any such country; and (2) take appropriate action regarding the country under U.S. trade remedy laws.
United States · United States Congress · 11 April 2005
Lupus Research, Education, Awareness, Communication, and Healthcare Amendments of 2005 - Amends the Public Health Service Act to require the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases to expand research on lupus to include: (1) basic research to discover the pathogenesis and pathophysiology of the disease; and (2) research to validate lupus biomarkers. Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to work with a consortium of academic health institutions to undertake an epidemiological study to determine the prevalence and incidence of lupus in the United States. Requires the Director of CDC to: (1) enter into a cooperative agreement with such consortium to develop, implement, and manage a system for lupus data collection and analysis; and (2) ensure that such consortium represents different geographic areas and includes individuals of racial and ethnic backgrounds disproportionately affected by lupus. Requires the Secretary to enter into a contract with the Institute of Medicine to study and make recommendations related to lupus, to include: (1) evaluating Federal and State activities related to lupus and recommending ways to expand such activities; (2) identifying gaps in Federal research; and (3) recommending ways to improve the quality of life for people with lupus. Requires the Secretary, acting through the Director of the Office on Women's Health, to conduct and support a national lupus public awareness and health professional education campaign, with an emphasis on reaching populations at highest risk for the disease.
United States · United States Congress · 7 April 2005
Start Healthy, Stay Healthy Act of 2005- Amends titles XIX (Medicaid) and XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act (SSA) to give States new options to: (1) cover low-income pregnant women; and (2) provide for coordination of SCHIP with the Maternal and Child Health Program under SSA title V. Provides for an increase in SCHIP income eligibility.
United States · United States Congress · 6 April 2005
Junk Fax Prevention Act of 2005 - Amends the Communications Act of 1934 to prohibit a person from using any telephone facsimile (fax) machine, computer, or other device to send, to another fax machine, an unsolicited advertisement to a person who has requested that such sender not send such advertisements, or to any other person unless: (1) the sender has an established business relationship with the person; and (2) the advertisement contains a conspicuous notice on its first page that the recipient may request not to be sent any further unsolicited advertisements, and includes a domestic telephone and fax number (neither of which can be a pay-per-call number) for sending such a request. Requires the Federal Communications Commission (FCC) to provide that a request not to send unsolicited advertisements complies with FCC requirements if: (1) the request identifies the recipient fax number to which the request relates; (2) the request is made to the telephone or fax number of the sender; and (3) the person making the request has not subsequently provided express invitation or permission to have such advertisements sent. Authorizes the FCC to allow professional tax-exempt trade associations to send unsolicited advertisements to their members in furtherance of association purposes. Requires the: (1) FCC to report annually to Congress on the enforcement of the above requirements; and (2) Comptroller General to study, and report to specified congressional committees on, complaints received by the FCC concerning unsolicited advertisements sent to fax machines.
United States · United States Congress · 6 April 2005
No Child Left Behind Reform Act - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to allow states to include measures of individual or cohort growth over time in determining whether students are making adequate yearly progress (AYP) toward state academic performance standards. Eliminates the consideration of student attendance rates. Allows schools to be given credit for performing well on measures other than test scores when calculating student achievement. Authorizes the Secretary of Education to award competitive: (1) grants to state educational agencies to develop or increase the capacity of data systems for accountability purposes; and (2) subgrants to increase the capacity of local educational agencies to upgrade, create, or manage information databases for the purpose of measuring AYP. Allows schools to target school choice and supplemental services to the students who are members of specified types of groups that fail to make AYP. Requires placement and service in the least restrictive environment for students who receive services under the Individuals With Disabilities Education Act who use an option to transfer under ESEA. Revises the definition of highly qualified teacher to authorize states to: (1) use a generalist exam for middle school teachers; and (2) issue certificates that qualify teachers to teach a number of subjects in social studies or in science.
United States · United States Congress · 6 April 2005
Amends the Higher Education Act of 1965 to revise requirements for the Child Care Access Means Parents in School (CCAMPIS) program of campus-based child care. Increases the minimum CCAMPIS grant to an institution of higher education from $10,000 to $30,000. Expands eligibility to participate in CCAMPIS to graduate and professional students, international students, and students from families with certain low-incomes that do not qualify for Federal Pell Grants (as well as, currently, students eligible for Pell Grants). Extends and increases the amount of the authorization of appropriations for CCAMPIS.
United States · United States Congress · 6 April 2005
Wind Power Tax Incentives Act of 2005 - Amends the Internal Revenue Code to permit: (1) individual taxpayers with adjusted gross incomes (taxable incomes in the case of corporate taxpayers) of $1 million or less to offset passive activity losses and credits from energy-producing wind facilities against regular income; and (2) tax-exempt cooperative organizations (including farmers' cooperatives) to apportion pro rata among their shareholders tax credits received for investment in energy-producing wind facilities.
United States · United States Congress · 6 April 2005
Security and Freedom Enhancement Act of 2005 or the SAFE Act - Amends the USA PATRIOT Act to modify provisions regarding roving wiretaps to require that: (1) an order approving electronic surveillance specify either the identity of the target or the place to be wiretapped; and (2) surveillance be conducted only when the suspect is present at that place. Limits the authority to delay notice of the issuance of a search warrant to circumstances where providing immediate notice will endanger the life or physical safety of an individual or result in flight from prosecution, the destruction of or tampering with evidence, or the intimidation of potential witnesses. Requires delayed notification to be issued within seven days (currently, within a "reasonable period") after execution, with 21-day extensions, subject to specified limitations. Amends the Foreign Intelligence Surveillance Act of 1978 to require that there be specific and articulable facts giving reason to believe that the person to whom records pertain is a foreign power or agent for Federal Bureau of Investigation (FBI) access to business records for foreign intelligence and international terrorism investigations. Prohibits an order from: (1) containing any requirement that would be held unreasonable if contained in a subpoena issued by a U.S. court in aid of a grand jury investigation of espionage or international terrorism; or (2) requiring the production of documentary evidence that would be privileged from disclosure if demanded by such a subpoena. Prohibits an electronic communication service provider from disclosing that the FBI has sought access to telephone records for 90 days after receipt of such request, with exceptions (current law places no limits on nondisclosure). Makes similar changes to the Right to Financial Privacy Act and Fair Credit Reporting Act. Amends the Federal criminal code to redefine "domestic terrorism" to mean activities that involve acts dangerous to human life that constitute a Federal crime of terrorism (currently, that violate criminal laws).
United States · United States Congress · 6 April 2005
Recognizes the achievements of Dr. Jonas Salk and his team of researchers at the University of Pittsburgh in developing the Salk polio vaccine on the 50th anniversary of its approval and use.
United States · United States Congress · 6 April 2005
Expresses the sense of the Senate that the United States: (1) strongly condemns the slaughter of small cetaceans (including Dall's porpoise, the bottlenose dolphin, Risso's dolphin, false killer whales, pilot whales, the striped dolphin, and the spotted dolphin) in drive fisheries, and urges nations that participate in their slaughter to end commercial hunts; (2) should at the 57th Annual Meeting of the International Whaling Commission in Korea negotiate regional and international agreements with other nations that participate in small cetacean slaughter to decrease catch and bycatch of all cetaceans; and (3) should make full use of all appropriate diplomatic mechanisms, relevant international laws and agreements, Federal laws, and other appropriate means to implement these goals.
![Official portrait of Sen. Lautenberg, Frank R. [D-NJ]](https://www.congress.gov/img/member/l000123_200.jpg)