United States · United States Congress · 2 February 2005
527 Reform Act of 2006 - Amends the Federal Election Campaign Act of 1971 to subject to its requirements as a political committee any applicable 527 organization. Excludes from the meaning of 527 organization for these purposes any committee, club, association, or other group of persons organized to influence: (1) the selection, nomination, election, appointment, or confirmation of one or more candidates to non-federal or non-elected office; or (2) any state or local ballot measure. Denies exception from treatment as an applicable 527 organization to any such a committee, club, association, or other groups of persons which makes disbursements aggregating more than $1,000 for: (1) a public communication that promotes, supports, attacks, or opposes a clearly identified candidate for federal office during the one year period ending on the date of the general election for the office sought by the clearly identified candidate; or (2) certain voter drive activity. Sets forth rules for allocation and funding by a political committee for certain expenses relating to federal and non-federal activities.
United States · United States Congress · 2 February 2005
Amends the National Wildlife Refuge System Administration Act of 1966 to designate a portion of the Arctic National Wildlife Refuge (ANWR) in Alaska as a component of the National Wilderness Preservation System under the Wilderness Act.
United States · United States Congress · 2 February 2005
Small Business and Farm Energy Emergency Relief Act of 2005 - Amends the Small Business Act to authorize the Small Business Administration to make disaster loans to assist small businesses that have suffered or are likely to suffer substantial economic injury as the result of a significant increase in the price of heating fuel. Prohibits such loan from being made if the total amount outstanding and committed to the borrower would exceed $1.5 million, unless the borrower is a major source of employment in its surrounding area. Amends the Consolidated Farm and Rural Development Act to authorize the Secretary of Agriculture to make loans to farm operations that qualify as a small business and that have or are likely to suffer substantial economic injury on or after October 1, 2004, as the result of a significant increase in energy costs in connection with an energy emergency declared by the President or the Secretary.
United States · United States Congress · 1 February 2005
Amends the Communications Act of 1934 to make Federal provisions which prohibit the obligation or expenditure of funds either in excess of appropriated amounts or in violation of sequestration orders under the Balanced Budget and Emergency Deficit Control Act of 1986 inapplicable to: (1) any amount collected or received as Federal universal service contributions; or (2) the expenditure or obligation of amounts attributable to such contributions.
United States · United States Congress · 1 February 2005
Continuing Care for Recovering Families Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to allow spouses and children of victims of the terrorist attacks of September 11, 2001, to purchase or continue to purchase health insurance coverage, under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), if they elect to do so during a 120-day period beginning on the date when this Act is enacted or on the date when they lose their COBRA coverage, whichever is later. Requires such elected coverage to continue for such eligible individuals unless they are otherwise covered or are eligible under Medicare.
United States · United States Congress · 1 February 2005
Railroad Crossing and Hazardous Materials Transport Safety Act of 2005 - Directs the Secretary of Transportation to conduct a review of the safety of all highway-rail grade crossings in the United States and to submit to Congress a priority list of highway-rail grade crossings most in need of safety improvements. Amends Federal transportation law to direct the Secretary to maintain a national database of information on the safety of highway-rail grade crossings in the United States, including accident and other safety-related incident information. Requires the Administrator of the Federal Railroad Administration (FRA) to investigate the cause of each fatal accident that occurs at a highway-rail grade crossing. Directs the Secretary to prescribe regulations for improving the safety, maintenance, and surveillance of highway-rail grade crossings. Establishes in the FRA the position of Deputy Administrator of the Federal Railroad Administration for Highway-Rail Grade Crossing Safety. Increases civil penalties for violations of requirements related to: (1) highway-rail grade crossing safety; and (2) transportation of hazardous materials. Sets forth requirements calling for: (1) the removal of railroad cars from service for public health and safety protection; (2) age limits for railroad cars transporting hazardous materials; (3) provision of hazardous material lists by railroad carriers to State homeland security coordinators; (4) replacement of manual railroad track switches most in need of maintenance and upgrades; (5) deployment of positive train control systems; and (6) the development of dynamic tank car standards.
United States · United States Congress · 31 January 2005
Essential Air Service Preservation Act of 2005 - Amends Federal transportation law to repeal the mandate for the Essential Air Service local participation program (a pilot program under which up to ten designated essential air service communities located near hub airports shall assume ten percent of their essential air service subsidy costs for a four-year period).
United States · United States Congress · 26 January 2005
State Criminal Alien Assistance Program Reauthorization Act of 2005 - Amends the Immigration and Nationality Act to authorize specified appropriations through FY 2011 for the State Criminal Alien Assistance Program.
United States · United States Congress · 26 January 2005
No Taxation Without Representation Act of 2005 - Provides for full voting representation in Congress for the residents of the District of Columbia, including two Senators and as many Representatives as a similarly populous State would be entitled to under the law. Treats the District of Columbia as a State. Prescribes a procedure for the first elections under this Act. Entitles the District to one Representative until the taking effect of the next reapportionment.
United States · United States Congress · 26 January 2005
Family Opportunity Act of 2005 or Dylan Lee James Act - Amends title XIX (Medicaid) of the Social Security Act (SSA) to give States the option of allowing families of disabled children to purchase Medicaid coverage for such children. Authorizes the Secretary of Health and Human Services to conduct demonstration projects under which up to ten States are awarded grants, on a competitive basis, to test the effectiveness in improving or maintaining a child's functional level and cost-effectiveness of providing coverage of home and community-based alternatives to psychiatric resident treatment for children enrolled in the Medicaid program. Amends SSA title V (Maternal and Child Health Services) to make appropriations to the Secretary for special projects of regional and national significance for development and support of family-to-family health information centers. Amends SSA title XIX to provide for the restoration of Medicaid eligibility to certain SSI (Supplemental Security Income) (SSA title XVI) beneficiaries under age 21.
United States · United States Congress · 26 January 2005
Ensuring College Access for All Americans Act - Prohibits the application of the annual updates (published in the Federal Register on December 23, 2004) to the allowance for State and other taxes in the tables used in the Federal Needs Analysis Methodology to determine a student's expected family contribution for the award year 2005-2006 under the Higher Education Act of 1965, to the extent such updates will reduce the amount of Federal student assistance for which the student is eligible.
United States · United States Congress · 25 January 2005
Long Island Sound Stewardship Act of 2005 - Establishes the Long Island Sound Stewardship Initiative Region in Connecticut and New York. Establishes the Long Island Sound Stewardship Advisory Committee to evaluate applications for conservation easements, management plans, and grant funds relative to the region. Requires the Committee to: (1) identify 20 initial Long Island Sound stewardship sites that are natural resource-based recreation areas or exemplary natural areas with ecological value and that best promote the purposes of this Act; and (2) use due diligence to recommend an equal distribution of funds between States for the initial sites. Authorizes owners of sites to submit applications to the Committee to have sites identified as stewardship sites. Sets forth a site identification process and related selection criteria. Directs the Committee to publish notice of the list of such sites. Authorizes the Committee to deviate from the site identification process in certain circumstances. Requires the Committee to use an adaptive management framework. Protects the existing legal rights of private property owners. Limits the Federal share of costs associated with activities carried out using assistance or grants under this Act to 75 percent of the total. Amends the Federal Water Pollution Control Act to reauthorize appropriations for the Office of Management Conference of the Long Island Sound Study and implementation of the Long Island Sound Comprehensive Conservation and Management Plan through FY 2009. Provides for the Committee's termination on December 31, 2013.
United States · United States Congress · 25 January 2005
Clean Power Act of 2005 - Amends the Clean Air Act to require the Administrator of the Environmental Protection Agency (EPA) to: (1) promulgate regulations to achieve specified reductions in emissions of sulfur dioxide, nitrogen oxides, carbon dioxide, and mercury from certain electric generation facilities by January 1, 2010 (January 1, 2009, for mercury emissions); and (2) establish an emission allowance tracking and transfer system for sulfur dioxide, nitrogen oxides, and carbon dioxide. Directs the Administrator to study the impact of emission allowance trading. Limits the trading of allowances with facilities other than electricity generating facilities to certain carbon dioxide emission control programs. Sets forth an allocation scheme for emission allowances. Directs the Administrator to: (1) establish and annually review emission limitations for mercury; and (2) promulgate regulations preventing captured or recovered emissions from being re-released into the environment. Requires the Administrator to: (1) request information from owners/operators of coal-fired electric generation facilities about hazardous air pollutants other than mercury; and (2) propose and promulgate emission standards. Requires facilities to achieve specified emission standards should emission limitation regulations not be promulgated. Makes specified violations of this Act unlawful. Modifies reporting requirements for the acid precipitation research program.
United States · United States Congress · 25 January 2005
Class Action Fairness Act of 2005 - Amends the Federal judicial code to specify the calculation of contingent and other attorney's fees in proposed class action settlements that provide for the award of coupons to class members. Prohibits a Federal district court from approving: (1) a proposed coupon settlement absent a finding that the settlement is fair, reasonable, and adequate; (2) a proposed settlement involving payments to class counsel that would result in a net monetary loss to class members, absent a finding that the loss is substantially outweighed by nonmonetary benefits; or (3) a proposed settlement that provides greater sums to some class members solely because they are closer geographically to the court. Specifies requirements for notices of proposed settlements. Grants district courts original jurisdiction of any civil action in which the matter in controversy exceeds $5 million, exclusive of interest and costs, and is between citizens of different States, or citizens of a State and a foreign State or its citizens or subjects. Lists those factors pursuant to which a district court may decline to exercise jurisdiction over a class action, and specifies those circumstances in which a district court must decline jurisdiction. Sets forth provisions governing the removal of interstate class actions to Federal district court and the review on appeal of remand orders. Directs the Judicial Conference of the United States to report on class action settlements, incorporating recommendations for best court practices to ensure fairness for class members and appropriate fees for counsel.
United States · United States Congress · 24 January 2005
Domestic Defense Fund Act of 2005 - Authorizes the Secretary of Homeland Security to award grants to States, units of local government, and Indian tribes for homeland security development. Requires grant awardees, among other requirements, to develop a homeland security plan identifying both short- and long-term homeland security needs. Provides authorized uses of grant assistance, including: (1) funding additional law enforcement, fire, and other emergency response resources and equipment; and (2) improving cyber and infrastructure security. Requires one percent of grant funds to be reserved for Indian tribes. Requires 70 percent of grant funds to be allocated among metropolitan cities and urban counties based on the Secretary's calculations of various infrastructure vulnerabilities and threats such as proximity to international borders, nuclear or other energy facilities, air, rail or water transportation, and national icons and Federal buildings. Requires the remaining percentage to be allocated among the States for use in non-qualifying communities (not a metropolitan city, urban county, or Indian tribe). Requires certifications and annual reports with respect to grant uses. Provides for grant reallocations for failure to comply with use requirements. Allocates funds to States, regional cooperations, and units of local government for: (1) homeland defense planning; (2) increased security through additional first responder personnel; (3) purchasing and refurbishing protective equipment for such personnel; (4) the development and maintenance of Statewide training facilities and homeland security best practices clearinghouses; and (5) the development and maintenance of communications systems that can be used between and among first responders, including law enforcement, fire, and emergency medical personnel. Allocates funds for discretionary grants to high-threat, high-risk urban areas for their homeland security needs. Earmarks funds for a flexible emergency assistance fund for States and local governmental units that incur extraordinary homeland security costs. Directs the Department of Homeland Security to develop national homeland security preparedness, first responder training, and equipment standards, and best practices for the use of funds authorized and allocated under this Act. Mandates a ten percent matching funds requirement from grant recipients.
United States · United States Congress · 24 January 2005
Fair Wage, Competition and Investment Act of 2005 - Overtime Rights Protection Act of 2005 - Amends the Fair Labor Standards Act of 1938 (FLSA) to deny any force or effect to any portion of a rule promulgated on April 23, 2004, that has the effect of exempting from FLSA overtime compensation requirements (which limit maximum hours at regular compensation) any employee who would not otherwise be exempted if regulations in effect on March 31, 2003, remained in effect. Reinstates that portion of such regulations that would prevent such an employee from being exempt. Directs the Secretary of Labor to increase, in a specified manner, the minimum salary level for the exemption for executive, administrative, and managerial occupations from FLSA overtime compensation requirements. Fair Minimum Wage Act of 2005 - Amends the FLSA to increase the Federal minimum wage to: (1) $5.85 an hour, beginning on the 60th day after enactment of this Act; (2) $6.55 an hour, beginning 12 months after that 60th day; and (3) $7.25 an hour, beginning 24 months after that 60th day. Amends the Worker Adjustment and Retraining Notification Act to include offshoring of jobs among the circumstances for which employers are required to post notices of employee rights. Authorizes appropriations for: (1) investment in infrastructure in the areas of transportation, water, rail, transit, and aviation; and (2) advanced technology and manufacturing extension partnership programs. Amends the Trade Act of 1974 (TA) to: (1) revise and extend the requirement that the U.S. Trade Representative (USTR) identify and report on trade expansion priorities; and (2) establish the position of Chief Enforcement Negotiator. Foreign Debt Ceiling Act of 2005 - Directs the USTR, when a certain level of net U.S. foreign debt or of U.S. trade deficit is reached, to convene an emergency meeting of the Trade Policy Review Group to develop a plan of action to reduce the U.S. trade deficit. Requires specified negotiations and certification regarding the currency valuation policy of the People's Republic of China. Trade Adjustment Assistance Equity for Service Workers Act of 2005 - Amends TA to extend trade adjustment assistance (TAA) to workers in a service sector firm or its subdivision or public agency. Trade Adjustment Assistance for Communities Act of 2005 - Amends TA to revise the TAA program for communities negatively impacted by trade, and to establish a TAA for Communities Program at the Department of Commerce to coordinate the Federal response. Trade Adjustment Assistance for Firms Reorganization Act - Amends TA to establish in the International Trade Administration of the Department of Commerce an Office of TAA for TAA to firms that have been adversely affected by import competition. Requires the Director of the Office of Personnel Management and the Secretary of the Treasury to establish a program to offer TAA workers enrollment in the Federal Employees Health Benefit program (FEHBP). Amends the Internal Revenue Code to provide for: (1) taxing income of controlled foreign corporations attributable to imported property; (2) a broadband access credit; (3) permanent extension and expansion of a research and development credit, and revision of alternative incremental credits; (4) repeal of a limit on contract research expenses paid to small businesses, universities, and Federal laboratories; (5) increased credit for health insurance costs; and (6) revised covered month eligibility for spouses of individuals entitled to Medicare, under a health care credit related to TAA. Expresses the sense of the Senate regarding: (1) multiemployer pension plans; (2) promotion of science and technology funding; and (3) free trade agreements.
United States · United States Congress · 24 January 2005
Declares Alemseghed Mussie Tesfamical to have been lawfully admitted to the United States for permanent residence upon payment of the required visa fees.
United States · United States Congress · 24 January 2005
International Remittance Consumer Protection Act of 2005 - Amends the Electronic Fund Transfer Act to require a remittance transfer provider to: (1) clearly and conspicuously make specified disclosures in writing and in a form that the consumer may keep to each consumer requesting a remittance transfer; and (2) make such disclosures in English and in the same languages principally used by the remittance transfer provider, or its agents at that office, if other than English. Prescribes error resolution guidelines and remedies governing remittance transfer errors. Instructs the Secretary of the Treasury to publish electronically on each business day the foreign currencies dollar exchange rate. Subjects a remittance transfer provider to liability for violations committed by its agents or subsidiaries. Amends the Federal Credit Union Act to empower Federal Credit Unions to: (1) provide remittance transfers to persons in the field of membership; and (2) to cash checks and money orders for such persons for a fee. Directs the Board of Governors of the Federal Reserve System to work with the Federal reserve banks to expand the use of the automated clearinghouse system for remittance transfers to foreign countries. Requires certain Federal banking agencies to provide guidelines to financial institutions regarding the offering of low-cost remittance transfers and no-cost or low-cost basic consumer accounts, as well as agency services to remittance transfer providers. Requires such agencies and the Secretary to assist the Financial Literacy and Education Commission in improving the financial literacy and education of consumers who send remittances.
United States · United States Congress · 24 January 2005
Standing With Our Troops Act of 2005 - Increases authorized end strengths for the Army and Marine Corps. Requires the Secretary of Defense to: (1) publish a monthly accounting of military casualties incurred in Operations Iraqi Freedom and Enduring Freedom, and any other operation undertaken under the Global War on Terrorism; and (2) establish within the Department of Defense (DOD) an Advisory Panel on Military Awards and Decorations. Establishes within the National Security Council a Director of Mobilization Planning and Preparedness to identify and develop plans for the performance of necessary governmental and private sector functions on a sustained basis during a national emergency. Requires reports on: (1) necessary reconstitution of military equipment due to Operations Iraqi Freedom and Enduring Freedom; and (2) DOD policies concerning the length of reserve mobilization and deployment periods in connection with Operation Iraqi Freedom. Requires the correction of military pay problems experienced by activated reserve personnel. Establishes a Deputy Under Secretary of Defense for Personnel and Readiness (Reserve Affairs). Provides various programs and authorities to afford financial relief to National Guard and reserve personnel activated for overseas warfighting or domestic homeland security missions, including penalty-free early withdrawals from retirement plans, differential wage payments, and the Ready Reserve-National Guard employee tax credit. National Guard and Reserve Comprehensive Health Benefits Act of 2005 - Makes members of the Selected Reserve eligible for TRICARE (a DOD-managed health care program). Allows the continuation of non-TRICARE health benefits coverage for reserves called or ordered to active duty (and their dependents). Increases from $12,000 to $100,000 the death gratuity for survivors of members killed during active duty or inactive duty training. Requires a report on additional needs for funding U.S. military and reconstruction efforts in Iraq.
United States · United States Congress · 24 January 2005
Meeting Our Responsibility to Medicare Beneficiaries Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act (SSA) with respect to: (1) negotiating fair prices for Medicare prescription drugs; (2) elimination of the MA Regional Plan Stabilization Fund; (3) application of risk adjustment reflecting characteristics for the entire Medicare population in payments to Medicare advantage organizations; (4) modification of the annual out-of-pocket threshold with respect to prescription drug benefits; (5) requiring two prescription drug plans to avoid Federal fallback; (6) waiver of the part D (Voluntary Prescription Drug Benefit Program); (7) transition of full-benefit dual eligible individuals to coverage under the Medicare drug benefit; and (8) Medicare part B (Supplementary Medical Insurance) premium reduction. Directs the Secretary to study and report to Congress on providing incentives to preserve retiree coverage. Amends SSA title XVIII to direct the Secretary to make certain information regarding the sponsor of a qualified prescription drug plan receiving a subsidy under the prescription drug program available to the public through the Internet website of the Centers for Medicare & Medicaid Services.
United States · United States Congress · 24 January 2005
Prevention First Act - Title X Family Planning Services Act of 2005 - Authorizes appropriations for family planning services grants and contracts under the Public Health Service Act (PHSA). Family Planning State Empowerment Act - Amends title XIX (Medicaid) of the Social Security Act to allow States to provide family planning services and supplies to certain individuals not otherwise eligible for Medicaid. Equity in Prescription Insurance and Contraceptive Coverage Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and PHSA to prohibit a group health plan, and a health insurance issuer providing group coverage, from excluding or restricting benefits in any way for prescription contraceptive drugs, devices, and outpatient services if the plan provides benefits for other outpatient prescription drugs, devices, or outpatient services. Amends PHSA to apply those prohibitions to coverage offered in the individual market. Emergency Contraception Education Act - Directs the Secretary of Health and Human Services to develop and disseminate information on emergency contraception to the public and to health care providers. Compassionate Assistance for Rape Emergencies Act - Requires hospitals, as a condition of receiving Federal funds, to offer and to provide, upon request, emergency contraception to victims of sexual assault. Preventing Teen Pregnancy Act - Amends PHSA to authorize the Secretary to award grants to public and private entities to establish or expand teenage pregnancy prevention programs. Truth in Contraception Act - Requires that any information concerning the use of a contraceptive provided through specified federally funded education programs be medically accurate and include health benefits and failure rates.
United States · United States Congress · 24 January 2005
Voting Opportunity and Technology Enhancement Rights Act of 2005 - Amends the Help America Vote Act of 2002 to permit any person who is otherwise qualified to vote in a Federal election in a State to use the national Federal write-in absentee ballot prescribed by the Election Assistance Commission to cast a vote in such an election. Directs the Commission to prescribe a national Federal write-in absentee ballot for use in elections for Federal office. Requires the voting system to provide for an independent means of voter verification, allowing each voter to verify the ballot before it is cast and counted. Requires the State to: (1) count such ballot if the individual who cast it is otherwise eligible to vote; and (2) provide for the minimum required number of voting systems and poll workers for each polling place on the day of any Federal election, and on any days during which such State allows early voting. Directs the Commission to issue standards regarding the minimum number of voting systems and poll workers. Amends the National Voter Registration Act of 1993 to require each State, with certain exceptions, to permit any individual on the day of a Federal election to: (1) register to vote at the polling place; and (2) cast a vote in such election. Amends the Help America Vote Act of 2002 to require: (1) the Commission to develop an election day registration form for elections for Federal office; (2) each State to provide public notice of all names which have been removed from the voter registration list since the later of the most recent Federal election or the day of the most recent previous public notice; (3) each State to allow individuals to vote in a Federal election at least 15 days before the day scheduled for it in the same manner as voting on such day (early voting); (4) each polling place which allows early voting to allow it for at least a uniform four hours each day; and (5) the Commission to issue standards for the administration of early voting. Accelerates the study on election day as a public holiday. Requires mail voter registration forms to include, in lieu of mandatory questions and statements, an affidavit to be signed by the registrant attesting both to citizenship and age. Directs each State to establish a program under which individuals may access voter registration forms electronically through the Internet. Provides for establishing voter identification with respect to in person voting and voting by mail. Outlines election administration requirements.
United States · United States Congress · 24 January 2005
Unaccompanied Alien Child Protection Act of 2005 - Addresses the care and custody of unaccompanied alien children, defined as children under the age of 18 with no lawful immigration status and no parent or legal guardian in the United States who is available to provide care and physical custody. Directs immigration officers who find such children at U.S. land borders or ports of entry to permit them to withdraw their applications for admission and return to their country of nationality or last habitual residence in certain circumstances. States that such children shall have the right to consult with a consular officer prior to repatriation and with the Office of Refugee Resettlement (the Office) at the Department of Health and Human Services. Gives the Office jurisdiction over the care and custody of all other such children, including trafficking victims, except those charged with or convicted of felonies (excluding offenses proscribed by the Immigration and Nationality Act) or who threaten national security, whose custody and care is vested in the Directorate of Border and Transportation Security (the Directorate) at the Department of Homeland Security (DHS). Requires the Secretary of Homeland Security (the Secretary) to notify the Office promptly of the apprehension or discovery of such children. Specifies the order of preference for placing such children, subject to the discretion of the Director of the Office (the Director) and a suitability assessment by the State of the child's proposed residence or a voluntary agency contracted with the Office. Prohibits the placement of such children in adult detention facilities or in facilities housing delinquent children unless they exhibit violent or criminal behavior. Requires the Director and the Secretary to: (1) promulgate regulations incorporating standards for the conditions of detention of such children; and (2) develop procedures prohibiting the unreasonable use of restraints, solitary confinement, or pat or strip searches. Expresses the sense of Congress that the U.S. Government should undertake efforts to ensure that it does not repatriate children in its custody into settings that would threaten their life and safety. Requires: (1) the Secretary of State to include in each year's State Department Country Report on Human Rights an assessment of the degree to which each country protects children from smugglers and traffickers; and (2) the Directorate to consult that report and the Victims of Trafficking and Violence Protection Act of 2000: Trafficking in Persons Report in assessing whether to repatriate an unaccompanied alien child. Requires the Director to develop procedures for promptly determining the age of aliens in the custody of DHS or the Office when age is at issue. Authorizes the Director to appoint qualified and duly trained guardians ad litem for such children. Specifies the duties and powers of such guardians ad litem. Requires the Director to: (1) provide professional training for such guardians ad litem; and (2) implement a pilot program for their appointment. States that the Director should ensure that all such children in the Custody of the Office or the Directorate, except those being repatriated to a contiguous country, have competent counsel to represent them in immigration proceedings or matters. Requires the Executive Office for Immigration Review (EOIR) to develop and implement model guidelines for the legal representation of alien children in immigration proceedings. States that counsel shall: (1) have reasonable access to such children; (2) be given 24 hours advance notice of a transfer absent compelling and unusual circumstances; and (3) except in emergency situations involving the child's physical safety, be given prompt and adequate notice of all immigration matters affecting or involving such children. Bars such children in the custody of the Office from consenting to immigration actions, including voluntary departure, unless first afforded an opportunity to consult with counsel. Makes such guardian ad litem and counsel provisions applicable to all such children in Federal custody on, before, or after the effective date of this Act. Amends the Immigration and Nationality Act to specify that: (1) aliens seeking special immigrant juvenile (SIJ) status must be 18 years of age and under on the date of application; (2) court orders declaring such aliens dependent on a juvenile court located in the United States or placing them in the custody of a State entity due to abuse, neglect, abandonment or similar grounds shall be binding on the Secretary for purposes of SIJ adjudications; and (3) the Office must certify to the Director that SIJ classifications with respect to alien children in Federal custody have not been made solely to provide immigration benefits. Excludes presence without admission or parole as a ground for inadmissibility with regard to aliens seeking SIJ status. Authorizes the Secretary to waive certain additional grounds of inadmissibility. Makes the SIJ-related amendments of this Act applicable to all aliens who were in the United States before, on, or after enactment of this Act. Commends the (former) Immigration and Naturalization Service (INS) for its issuance of the Guidelines for Children's Asylum Claims and encourages implementation of such guidelines by INS and its successor. Calls upon EOIR to adopt such guidelines in its handling of children's asylum claims. Requires the Secretary to provide periodic comprehensive training under such guidelines. Requires such children apprehended by the Directorate, except those subject to contiguous country rules, to be placed in removal proceedings. Exempts such children from certain bars to seeking asylum. Amends the Homeland Security Act of 2002 (HSA) to make the Director responsible for: (1) continued assessments of the suitability of placements of such children; and (2) ensuring that minimum standards of care are met with regard to such children who reside in settings that are alternatives to detention. States that the amendments to HSA made by this Act shall be effective as if enacted as part of HSA.
United States · United States Congress · 24 January 2005
Extends the U.S. Postal Service's authority to issue special postage stamps to help provide funding for breast cancer research through December 31, 2007.
United States · United States Congress · 24 January 2005
Combat Meth Act of 2005 - Authorizes funds to provide training to State and local prosecutors and law enforcement agents for investigation and prosecution of methamphetamine offenses, including a set-aside for prosecutors and law enforcement agents for rural communities. Amends: (1) the Omnibus Crime Control and Safe Streets Act of 1968 to expand the public safety and community policing grant program to authorize the use of grant funds to hire personnel and purchase equipment to assist in enforcing and prosecuting methamphetamine offenses and in cleaning up methamphetamine-affected areas; (2) the Controlled Substances Act to add pseudoephedrine to schedule V; and (3) the Public Health Service Act to authorize grants for the development of drug endangered children rapid response teams and grants to local governments, Indian tribes, and nonprofit private entities to provide treatment for methamphetamine abuse. Directs the Attorney General to allocate funds for the hiring and training of special assistant U.S. attorneys. Authorizes the Attorney General, acting through the Bureau of Justice Assistance, to award grants to States to establish methamphetamine precursor monitoring programs.
United States · United States Congress · 24 January 2005
Targeting Terrorists More Effectively Act of 2005 - Sets forth provisions with respect to: (1) Army special operations forces increases; (2) increasing foreign language expertise in the United States for the purpose of improving national security; (3) preventing terrorist financing; (4) prohibiting transactions with countries that support terrorism; (5) preventing the growth of radical Islamic fundamentalism, and promoting democracy and development in the Middle East, Central Asia, South Asia, and Southeast Asia; (6) advancing U.S. interests through diplomacy; (7) the treatment of detainees, including establishment of a National Commission to Review Policy Regarding the Treatment of Detainees; (8) strategy for the U.S. relationship with Afghanistan, Pakistan, and Saudi Arabia; (9) non-proliferation programs, including Russian nuclear facilities and tactical nuclear weapons; (10) border protection, including border personnel increases; (11) seaport protection, including deployment of radiation detection portal equipment, tanker security, and acceleration of the Megaports Initiative; (12) first responders, including training for law enforcement personnel; and (13) prohibitions on war profiteering.
United States · United States Congress · 24 January 2005
Quality Education for All Act - Extends authorizations of appropriations under: (1) the Head Start Act (HSA); and (2) the Child Care and Development Block Grant Act of 1990 (CCDBGA). Revises HSA provisions for: (1) Indian and migrant and seasonal programs; (2) expanded access to Early Head Start and Head Start; (3) part-day to full-day programs; (4) school readiness standards; (5) staff training, development, and salaries; and (6) tribal college or university partnership. Revises CCDBGA requirements for staff training and child care quality improvement activities. Directs the Secretary of Education to make competitive grants to rural local educational agencies for purchasing new school buses. Expresses the sense of the Senate regarding: (1) fully funding the Individuals with Disabilities Education Act by 2011; (2) funding for the Elementary and Secondary Education Act of 1965 (ESEA); and (3) increasing the maximum Pell Grant under the Higher Education Act of 1965 (HEA). Revises ESEA requirements for: (1) public school choice, supplemental educational services, and teacher quality; (2) adequate yearly progress determinations; (3) technical assistance; (4) assessment and accountability; and (5) prohibiting discrimination. Revises HEA to provide for: (1) extending and increasing authorizations of appropriations for TRIO and GEARUP programs; (2) no reduction of student aid eligibility based on updates to tax tables; (3) demonstration grants to help low-income students enroll in summer courses to complete their college degrees; and (4) tuition-free college for mathematics, science, and special education teachers, through additional amounts of student loan forgiveness. Amends the Internal Revenue Code to: (1) expand the deduction for higher education expenses; (2) establish a credit for interest on higher education loans; and (3) make Hope and Lifetime Learning credits refundable.
United States · United States Congress · 24 January 2005
Fulfilling Our Duty to America's Veterans Act of 2005 - States that, upon enactment, funding for the programs, functions, and activities of the Veterans Health Administration shall be provided through a combination of discretionary and mandatory funding in order to ensure access to health care for all veterans. Requires: (1) the Comptroller General to report to Congress on the extent to which such funding has achieved its objectives; and (2) congressional consideration of such report via the joint resolution process. Provides for: (1) post-traumatic stress disorder treatment for veterans of service in Afghanistan and Iraq and the Global War on Terrorism; and (2) a review by each military department of the sufficiency of its military health care programs. Authorizes Department of Veterans Affairs pharmacies to dispense medications to Medicare-eligible veterans on prescriptions written by private practitioners. Retired Pay Restoration Act of 2005 - Requires the full concurrent payment of military retired pay and service-connected disability compensation. Requires a joint report from the Secretaries of Defense and Veterans Affairs on the development of interoperable electronic records for military personnel and veterans that are utilized by both departments. Expands preseparation physical examination and counseling requirements. Authorizes such Secretaries to carry out epidemiological studies relating to health conditions that develop as a result of occupational exposure during military service. Requires such Secretaries to develop protocols to facilitate the sharing of members' and veterans' duty assignments and medical conditions information. Increased Government Commitment to Veterans' Education Act - Provides for the: (1) exclusion of basic pay contributions for participation in veterans' educational assistance from computations used to determine eligibility for student financial aid; and (2) opportunity to enroll in a basic educational assistance program for certain individuals who participated, or were eligible to participate, in the post-Vietnam era veterans' educational assistance program.
United States · United States Congress · 24 January 2005
Affordable Health Care Act - Amends the Federal Food, Drug, and Cosmetic Act to revise provisions governing the importation of prescription drugs. Requires the Secretary of Health and Human Services to promulgate regulations allowing the importation of prescription drugs from certain countries. Allows the Secretary to require the sponsor of an approved drug to conduct one or more studies that confirms or refutes a credible hypothesis of a significant safety issue. Amends the Public Health Service Act to establish the Office of Health Information Technology to improve the quality and efficiency of health care delivery through the use of health information technology. Requires the Secretary, the Secretary of Defense, and the Secretary of Veterans Affairs to establish uniform health care quality measures and public reporting requirements across all federally supported health delivery programs. Amends the Social Security Act (SSA) to give States the option to expand or add coverage of children, pregnant women, and legal immigrants under titles XIX (Medicaid) and XXI (State Children's Health Insurance) (SCHIP). Amends the Internal Revenue Code to allow certain small business employers a refundable tax credit for a portion of their employee health insurance costs. Amends SSA to set forth provisions (as a new title XXII) addressing health insurance coverage for small businesses.
United States · United States Congress · 24 January 2005
Fiscal Responsibility for a Sound Future Act - Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to extend through FY 2005 the spending caps for discretionary, highway, and mass transit categories in new budget authority and outlays. Declares that Congress should enact a limit on total discretionary spending for FY 2006. Retains (eliminates the expiration of) pay-as-you-go. Reenacts into law (effective for FY 2005) certain budget enforcement mechanisms through FY 2015. Makes it out of order in the Senate to consider under expedited procedures applicable to reconciliation in the Congressional Budget Act of 1974 any measure that increases the deficit in the: (1) first fiscal year covered by the most recently adopted concurrent resolution on the budget; (2) first five fiscal years covered by such adoption; or (3) first five fiscal years following such period. Amends H.Con.Res. 95 (108th Congress) to revise provisions concerning the Pay-As-You-Go point of order rule in the Senate to: (1) modify the formula used to estimate the baseline; and (2) extend the application of such rule through FY 2015.
United States · United States Congress · 24 January 2005
Calls on: (1) all authorities with jurisdiction, including the Department of Justice (DOJ) and the State of Mississippi, to expeditiously bring those responsible for the 1955 murder of Emmett Till to justice and provide all the resources necessary to ensure a timely and thorough investigation; and (2) DOJ to fully report the findings of the investigation to Congress.
United States · United States Congress · 4 January 2005
Expresses: (1) sympathy for the victims and families of the earthquake and tsunami that struck communities throughout Southeast Asia, South Asia, and Eastern Africa on December 26, 2004; and (2) gratitude and respect for the work of all aid and relief personnel, including U.S. military personnel. Supports President George W. Bush's pledge of $350,000,000 in direct financial assistance, and additional indirect assistance, through the dispatch of U.S. military assets and personnel and through substantial voluntary and annual contributions to international organizations and bodies. Commends the ongoing international relief effort. Recognizes that U.S. Government assistance will be greatly supplemented by private U.S. donations and volunteers. Supports the long-term U.S. commitment to provide financial aid and other assistance to the impacted region.
United States · United States Congress · 19 November 2004
Firefighters Special Operation Task Force Act - Amends the Federal Fire Prevention and Control Act of 1974 to authorize the Administrator of the U.S. Fire Administration to award grants to a task force (two or more fire services operating under a cooperative agreement to coordinate incident response within a geographic area) for: (1) salary and benefits to hire or rehire firefighting personnel to provide services to the task force; (2) expenses related to the participation of firefighting personnel in appropriate training courses offered by the Department of Homeland Security, the National Fire Academy, or a State or local fire academy; (3) training related to incident response; (4) appropriate equipment or support systems for task force members; or (5) improved communications between task force members and a local police department or hospital. Requires the Administrator, in selecting grantees, to give priority to task forces serving geographic areas within 50 miles of: (1) a nuclear power facility; (2) a large facility that produces, treats, or refines chemicals or petroleum products; (3) a business district of national significance; or (4) a location with one or more critical infrastructures. Requires grantees to provide non-Federal matching funds of at least 55 percent of the amount awarded by the Administrator for each fiscal year.
United States · United States Congress · 19 November 2004
Calls on: (1) all authorities with jurisdiction, including the Department of Justice (DOJ) and the State of Mississippi, to expeditiously bring those responsible for the 1955 murder of Emmett Till to justice and provide all the resources necessary to ensure a timely and thorough investigation; and (2) DOJ to fully report the findings of the investigation to Congress.
United States · United States Congress · 9 October 2004
Preservation of Federalism in Banking Act - Amends the Revised Statutes of the United States to set forth State law preemption standards for national banks and their subsidiaries. Declares that any State: (1) consumer law of general application (including any law relating to unfair or deceptive acts or practices and any consumer fraud law) shall also apply to any national bank; and (2) law applicable to State banks shall also apply to any national bank if it was enacted pursuant to, or consistent with, Federal law permitting the States to exceed or supplement Federal law requirements. Prohibits construction of Federal law governing visitorial powers, or otherwise limiting or restricting the supervisory, examination, or regulatory authority to which any national bank is subject, as limiting or restricting the authority of a State attorney general to enforce: (1) any applicable Federal or State law; or (2) on behalf of residents of such State, any applicable provision of any Federal or State law against a national bank, or seek relief and recover damages for such residents from any violation of any such law by any national bank. Prohibits construction of Federal law governing nondepository institution subsidiaries of national banks as preempting the applicability of State law to any State-chartered nondepository institution subsidiary of a national bank, except to the extent the preemption is explicitly provided by an Act of Congress. Directs the Comptroller of the Currency to record and monitor each complaint received from a consumer regarding a national bank or any subsidiary of a national bank as well as the resolution of the complaint.
United States · United States Congress · 9 October 2004
Fair Gift Card Act - States it is unlawful for any person to impose a dormancy fee, inactivity charge or fee, or a service fee with respect to a gift certificate, store gift card, or general-use prepaid card. Exempts from this prohibition any such charge or fee if: (1) the certificate or card has a remaining value of $5 or less at the time the charge or fee is assessed; (2) the charge or fee does not exceed $1; (3) there has been no activity with respect to the certificate or card for at least the last 24 months; (4) the holder of the certificate or the card may reload or add value to the certificate or the card; and (5) specified charge or fee disclosure requirements have been met. Declares it is unlawful to sell or issue a gift certificate, store gift card, or general-use prepaid card that is subject to an expiration date unless the date is not less than five years from the date the card is purchased and the expiration terms are prominently disclosed in specified font size and in all capital letters. States that a violation of this Act shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under the Federal Trade Commission Act.
United States · United States Congress · 8 October 2004
Amends the Low-Income Home Energy Assistance Act of 1981 to authorize appropriations for: (1) home energy grants; and (2) the incentive program for leveraging non-federal resources.
United States · United States Congress · 8 October 2004
Emergency Flu Response Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to immediately declare the shortage of the influenza vaccine to be a public health emergency justifying an authorization of the use of unapproved products. Requires the Secretary to: (1) consult with certain foreign countries to assess the availability of excess vaccines; (2) determine whether such vaccines meet the criteria for emergency authorization; (3) purchase, import, and distribute such vaccines; (4) award a grant to each State to develop and implement a plan to respond to the current shortage; and (5) establish a program to purchase and redistribute excess doses for administration to individuals in priority areas. Requires the head of each executive agency and the Attending Physician of the Capitol to ensure that vaccines are administered only to employees in priority groups and to provide the Secretary with any excess doses for redistribution. Allows the Secretary to purchase any approved drug to treat influenza for inclusion in the Strategic National Stockpile. Requires the Secretary, acting through the Director of the National Institutes of Health (NIH), to conduct clinical trials to determine whether a diluted influenza vaccine is effective in priority groups. Establishes the National Quarantine Compensation Program to pay individuals subject to a State or Federal quarantine order an amount equal to lost wages. Prohibits an employer from discharging or discriminating against such individuals. Allows the Secretary, upon determining that measures taken under this Act have not been effective, to: (1) take additional measures necessary to protect the public health; and (2) require manufacturers or anyone in possession of the vaccine to sell their supply to the Federal Government.
United States · United States Congress · 8 October 2004
Child Protection and Home Safety Act of 2004 - Amends the Internal Revenue Code to allow a nonrefundable tax credit for up to 25 percent of the cost of a qualified residential gun safe. Defines "qualified residential gun safe" as a container not intended for the display of firearms which is specifically designed to store or safeguard firearms from unauthorized access and which meets established performance standards. Limits the amount of such credit to $250.
United States · United States Congress · 7 October 2004
Amends the Internal Revenue Code to allow combat zone compensation (otherwise excludable from gross income) to be treated as earned income for purposes of the earned income tax credit.
United States · United States Congress · 7 October 2004
Amends the Exchange Rates and International Economic Policy Coordination Act of 1988 with respect to bilateral negotiations with countries considered to manipulate the rate of exchange between their currency and the U.S. dollar for purposes of preventing effective balance of payments adjustments or gaining unfair competitive advantage in international trade. Reduces the preconditions for the initiation of negotiations by the Secretary of the Treasury to possession of significant bilateral trade surpluses with the United States (removing the other current condition of possession of material global current account surpluses). Declares that a country shall be considered to be manipulating the rate of exchange between its currency and the U.S. dollar if there is a protracted large-scale intervention in one direction in the exchange markets. Requires the Secretary's annual report to specified congressional committees on international economic policy to include a detailed explanation of the test the Secretary uses to determine whether or not a country is manipulating the rate of exchange.
United States · United States Congress · 7 October 2004
Domestic Trafficking Victims Protection Act of 2004 - Directs the Attorney General to award grants to States and political subdivisions to establish model law enforcement programs that promote the effective prosecution of purchasers, exploiters, and traffickers of commercial sex acts. Permits the use of grant funds for: (1) prosecutions against purchasers of unlawful commercial sex acts, including through the use of female decoys; (2) prosecutions against traffickers and exploiters of unlawful commercial sex acts, including through surveillance of places of business engaged in such acts; and (3) social service programs operated by non-governmental organizations with special expertise in assisting victims of unlawful commercial sex activities, whose programs offer protection, education, food, and shelter for victims. Amends the Federal criminal code to increase penalties for purchasers of unlawful commercial sex acts. Requires the Departments of Justice (DOJ), Labor, Health and Human Services, and any other Federal agency involved in combating unlawful domestic sex trafficking and providing services to the victims to coordinate their activities with the Senior Policy Operating Group to ensure that Federal programs directed at domestic trafficking are consistent with Federal enforcement of the Trafficking Victims Protection Act of 2000. Requires the Attorney General to: (1) disseminate best practices for training State and local law enforcement personnel at each annual conference conducted by DOJ; and (2) carry out a biennial comprehensive statistical review and analysis of unlawful commercial sex acts.
United States · United States Congress · 6 October 2004
Military Personnel Financial Services Protection Act - Amends the Investment Company Act of 1940 to state it is unlawful: (1) for any registered investment company to issue any periodic payment plan certificate; or (2) for such company or any other person to sell such a certificate. Amends the Securities Exchange Act of 1934 to require a registered securities association to establish a system for collecting and retaining registration, disciplinary, and other information, including a toll-free telephone listing for prompt response to inquiries regarding registration information on members. Amends the Investment Advisers Act of 1940 to authorize the Securities and Exchange Commission (SEC) to require an investment adviser to file with the SEC, through any designated entity, any fee, application, report, or notice required to be filed. Directs the SEC to require such entity to establish and maintain a toll-free telephone listing, or a readily accessible electronic or other process, to receive and promptly respond to inquiries regarding registration, disciplinary, and other information involving investment advisers and associated persons. States that any State law, regulation, or order regarding the business of insurance shall apply to insurance activities conducted on Federal land or facilities in the United States and abroad, including military installations, unless specified conditions exist. Prohibits an insurer or producer from selling or soliciting in person any life insurance product to any member of the Armed Forces on a Federal military installation, unless specified written disclosures have been provided before the sale. Expresses the sense of Congress that the National Association of Insurance Commissioners should study and report to certain congressional committees on ways of improving the quality and sale of life insurance products sold by insurers and producers on Federal military installations. Prohibits any insurer from contracting with an insurance producer that solicits or sells life insurance on U.S. military installations unless the insurer has implemented a system to report to certain State insurance commissioners any disciplinary actions taken against the producer with respect to such sales or solicitations. Requires the Secretary of Defense to establish a registry of insurance agents and financial advisors that have been barred or banned from doing business on Federal military installations.
United States · United States Congress · 5 October 2004
American Bald Eagle Recovery and National Emblem Commemorative Coin Act - Directs the Secretary of the Treasury, in celebration of the recovery of the bald eagle, in commemoration of the 35th anniversary of the enactment of the Endangered Species Act of 1973, and the placement of the bald eagle on the endangered species list under such Act, to mint and issue not more than: (1) 100,000 $5 gold coins; (2) 500,000 $1 silver coins; and (3) 750,000 half dollar coins. Directs that the design of the coins be emblematic of the bald eagle and its history, natural biology, and national symbolism. Requires that sales of the coins include a surcharge of $35 per coin for the $5 coin, $10 for the $1 coin, and $3 for the half dollar coin, which shall be promptly paid by the Secretary to the American Eagle Foundation of Tennessee to: (1) establish an interest-bearing endowment called the American Eagle Fund as a permanent source of support for the care, monitoring, maintenance, and recovery of the bald eagle and its habitat in the United States; (2) make annual grants to Federal, State, and private eagle restoration, protection, and enhancement projects; (3) administer the Fund in an annual amount not to exceed the lesser of ten percent of the annual income of the Fund or $250,000; and (4) provide financial support for capital projects and for continuation and expansion of the Foundation's efforts to educate the American people about the bald eagle.
United States · United States Congress · 1 October 2004
Public Transportation Terrorism Prevention Act of 2004 - Directs the Secretary of Transportation to enter into a memorandum of understanding with the Secretary of Homeland Security (Secretary) to define and clarify the respective public transportation security roles and responsibilities of the Department of Transportation (DOT) and the Department of Homeland Security (DHS). Requires DOT's Federal Transit Administration to submit all public transportation security assessments to DHS and the Secretary to review and augment such assessments. Requires the Secretary to: (1) establish security improvement priorities and to update them annually; (2) conduct assessments of all transit agencies considered to be at greatest risk of a terrorist attack, of local bus-only public transportation systems, and of selected rural transportation systems; and (3) use information collected to establish the process for developing security guidelines. Directs the Secretary to award grants directly to public transportation agencies for allowable capital security improvements (including tunnel and perimeter protection systems and surveillance and communications equipment); and (2) operational security improvements (including security training for transit employees, drills, public awareness campaigns, and canine patrols for chemical, biological, or explosives detection). Directs the Secretary to: (1) ensure that DOT receives appropriate and timely notification of all credible terrorist threats against U.S. public transportation assets; and (2) award grants for research, development, and demonstration of technologies and methods to reduce and deter terrorist threats or mitigate damages resulting from such attacks. Requires DHS to fund the reasonable costs of an Information Sharing and Analysis Center for Public Transportation.
United States · United States Congress · 30 September 2004
Amends the 21st Century Department of Justice Appropriations Authorization Act to extend through July 1, 2006, the authority of the U.S. District Court for the Southern District of Iowa to hold court in Rock Island, Illinois, with regard to cases filed in specified districts and with the consent of the parties, and to summon jurors from the Southern District of Iowa to hear such cases.
![Official portrait of Sen. Schumer, Charles E. [D-NY]](https://www.congress.gov/img/member/s000148_200.jpg)