United States · United States Congress · 16 March 2005
American Veterans Disabled for Life Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 500,000 $1 coins emblematic of the design selected by the Disabled Veterans' LIFE Memorial Foundation for the American Veterans Disabled for Life Memorial, in commemoration of disabled American veterans. Restricts such coin issuance period to the calendar year beginning on January 1, 2010. Requires a $10 dollar surcharge from such coin sales to be paid to the Disabled Veterans' LIFE Memorial Foundation in order to establish an endowment to support the construction of the American Veterans' Disabled for Life Memorial in Washington, D.C.
United States · United States Congress · 16 March 2005
Commemorates the 65th Anniversary of the Black Press of America by recognizing the significant contributions African-American newspapers have made from the time of slavery and segregation to the present and the continued contribution of such newspapers to the ideal of equal opportunity.
United States · United States Congress · 14 March 2005
Veterans Prescription Drugs Assistance Act - Directs the Secretary of Veterans Affairs to furnish such drugs and medicines as may be ordered on prescription of a duly licensed physician as specific therapy in the treatment of any illness or injury suffered by each veteran who is receiving additional compensation or allowance due to a service-connected disability, or increased pension as a veteran of a period of war, by reason of being permanently housebound or in need of regular aid and attendance. Allows any Medicare-eligible veteran to elect to be furnished by the Secretary, on an outpatient basis, such drugs and medicines as ordered on prescription of a duly licensed physician as specific therapy for any illness or injury suffered by the veteran. Requires such election to last for a calendar year and to be irrevocable. Allows for election renewal. Requires appropriate information to be furnished to each veteran prior to such election. Authorizes the Secretary to administer immunizations to voluntary eligible veterans in connection with the provision of care in any Department of Veterans Affairs health care facility. Provides for appropriate copayments for the drugs and medicines received by veterans under authority of this Act.
United States · United States Congress · 14 March 2005
Directs the Secretary of the Army to award the Combat Medical Badge, or establish and award a badge to be known as the Combat Medevac Badge, for Army helicopter medical evacuation ambulance (Medevac) pilots and crews. Makes qualifying service effective beginning June 25, 1950.
United States · United States Congress · 14 March 2005
Steel Industry National Historic Site Act - Establishes the Steel Industry National Historic Site in Pennsylvania as a unit of the National Park System. Authorizes the Secretary of the Interior to acquire by donation specified property for inclusion within such Site. Requires the Secretary to prepare and submit to specified congressional committees a general management plan for the Site.
United States · United States Congress · 14 March 2005
Social Security Fairness Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to repeal: (1) Government pension offset requirements applicable to husband's and wife's insurance benefits, widow's and widower's insurance benefits, and mother's and father's insurance benefits with respect to OASDI payments; and (2) windfall elimination requirements with respect to computation of an individual's primary insurance amount.
United States · United States Congress · 10 March 2005
Amends Federal Bankruptcy Law to prohibit the bankruptcy court from terminating or modifying the payment of coal industry health insurance benefits by a Chapter 11 debtor-employer to retired employees if such benefits are required by the Internal Revenue Code to be provided by such debtor-employer as the last operator signatory to a coal wage agreement.
United States · United States Congress · 10 March 2005
Ronald Reagan Alzheimer's Breakthrough Act of 2005 - Amends the Public Health Service Act to make Alzheimer's disease research a priority within the National Institute on Aging. Requires the Director of the Institute to: (1) undertake an Alzheimer's Disease Prevention Initiative to accelerate the discovery of new risk and protective factors, to rapidly identify therapies and preventive interventions, and to implement effective prevention and treatment strategies; (2) conduct and support cooperative clinical research regarding Alzheimer's; and (3) conduct research concerning early detection and diagnosis, the relationship between Alzheimer's and vascular disease, and interventions designed to help caregivers. Authorizes the Director to establish a National Alzheimer's Coordinating Center to facilitate collaboration among Alzheimer's Disease Centers and Alzheimer's Disease Research Centers. Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to educate the public and public health community regarding Alzheimer's disease. Authorizes the Secretary to award grants or cooperative agreements to develop coordinated respite care programs on a statewide basis. Defines "respite care" to mean planned or emergency care provided to a child or adult with a special need in order to provide temporary relief to the family caregiver of such child or adult. Directs the Secretary to award a grant or cooperative agreement to a public or private nonprofit entity to establish a National Resource Center on Lifespan Respite Care. Amends the Internal Revenue Code to allow: (1) a nonrefundable tax credit for each individual certified as having long-term care needs and for whom the taxpayer is acting as a caregiver; (2) a tax deduction for long-term care premiums paid under a qualified insurance contract; and (3) qualified long-term care insurance to be offered in a cafeteria plan and flexible spending arrangements.
United States · United States Congress · 9 March 2005
Little Rock Central High School Desegregation 50th Anniversary Commemorative Coin Act - Instructs the Secretary of the Treasury to mint and issue not more than 500,000 $1 coins emblematic of the desegregation of the Little Rock Central High School and its contribution to civil rights in America, beginning January 1, 2007. Terminates such minting authority after December 31, 2007. States that all sales shall include a surcharge of $10 per coin, to be equally divided and paid to: (1) the Jefferson National Parks Association for the purpose of providing support for programs and other developmental activities at the Little Rock Central High National Historic Site and support for the ongoing mission of the Little Rock Central High National Historic Site; and (2) the Secretary of the Interior for site improvements at the Little Rock Central High National Historic Site, including the establishment of cooperative agreements to preserve and restore the historic character of the vicinity in the historic site's boundaries. States that Congress intends for such surcharges to supplement amounts provided to the Secretary in appropriation Acts for the Little Rock Central High National Historic Site, and are not intended to be a substitute for such appropriated amounts.
United States · United States Congress · 8 March 2005
No Oil Producing and Exporting Cartels Act of 2005 or NOPEC - Amends the Sherman Act to declare it to be illegal and a violation of the Act for any foreign state or instrumentality thereof to act collectively or in combination with any other foreign state or any other person, whether by cartel or any other association or form of cooperation or joint action, to limit the production or distribution of oil, natural gas, or any other petroleum product (petroleum), to set or maintain the price of petroleum, or to otherwise take any action in restraint of trade for petroleum, when such action has a direct, substantial, and reasonably foreseeable effect on the market, supply, price, or distribution of petroleum in the United States. Denies a foreign state engaged in such conduct sovereign immunity from the jurisdiction or judgements of U.S. courts in any action brought to enforce this Act. States that no U.S. court shall decline, based on the act of state doctrine, to make a determination on the merits in an action brought under this Act. Authorizes the Attorney General and the Federal Trade Commission to bring an action in U.S. district court to enforce this Act. Amends the Federal judicial code to make an exception to the jurisdictional immunity of a foreign state in an action brought under this Act.
United States · United States Congress · 4 March 2005
Agricultural Marketing Success Act of 2005 or the AMS Act - Amends the Agricultural Adjustment Act, reenacted with amendments by the Agricultural Marketing Agreement Act of 1937, to exempt certain tomato varieties produced in Florida under an identity preservation and biotechnology verification program from agricultural marketing order requirements.
United States · United States Congress · 3 March 2005
National Women's History Museum Act of 2005 - Requires the Administrator of General Services to enter into an occupancy agreement to make the Pavilion Annex (the building and specified immediate surroundings, including any land unoccupied as of the enactment of this Act) in Washington, D.C. available to the National Women's History Museum, Inc. (Museum Sponsor) for a National Women's History Museum, for at least 99 years or any lesser term agreed to by the Museum Sponsor.
United States · United States Congress · 3 March 2005
Fire Sprinkler Incentive Act of 2005 - Amends the Internal Revenue Code to classify automatic fire sprinkler systems as five-year depreciable property. .
United States · United States Congress · 2 March 2005
Christopher Kangas Fallen Firefighter Apprentice Act - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to expand the definition of "firefighter" for purposes of death benefit provisions to include fire department members regardless of age, status as an apprentice or trainee, or related duty restrictions. Makes this Act applicable to deaths and injuries which occur on or after May 4, 2002.
United States · United States Congress · 2 March 2005
Darfur Accountability Act of 2005 - Directs the President to: (1) freeze the assets of persons (and family members) named by the International Commission of Inquiry on Darfur to the United Nations (UN) Secretary General as perpetrators of crimes against humanity in Darfur, Sudan, and report such assets to the Office of Foreign Assets Control; (2) deny visas and entry to such persons, and to anyone the President determines has been, is, or may be involved in such activities in Darfur; and (3) report the names of such persons to the appropriate congressional committees.
United States · United States Congress · 28 February 2005
Stem Cell Research Enhancement Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to conduct and support research that utilizes human embryonic stem cells, regardless of the date on which the stem cells were derived from a human embryo. Limits such research to stem cells that meet the following ethical requirements: (1) the stem cells were derived from human embryos donated from in vitro fertilization clinics for the purpose of fertility treatment and were in excess of the needs of the individuals seeking such treatment; (2) the embryos would never be implanted in a woman and would otherwise be discarded; and (3) such individuals donate the embryos with written informed consent and receive no financial or other inducements.
United States · United States Congress · 17 February 2005
Medicare Access to Rehabilitation Services Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to repeal the outpatient therapy cap.
United States · United States Congress · 17 February 2005
SSI Extension for Elderly and Disabled Refugees Act - Amends the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to provide a two-year extension of supplemental security income (SSI) through FY2008 for qualified aliens (including asylees and certain Cuban and Haitian entrants).
United States · United States Congress · 16 February 2005
Small Business Health Fairness Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for establishment and governance of association health plans (AHPs), which are group health plans whose sponsors are trade, industry, professional, chamber of commerce, or similar business associations, and which meet certain ERISA certification requirements. (Thus, through ERISA preemption of State laws, certified AHPs are exempted from State regulation of health insurance providers, including State consumer protection laws and State requirements for health care benefits to be offered by such entities, with certain exceptions.)
United States · United States Congress · 16 February 2005
Protection of Lawful Commerce in Arms Act - Prohibits a qualified civil liability action from being brought in any State or Federal court against a manufacturer or seller of a firearm, ammunition, or a component of a firearm that has been shipped or transported in interstate or foreign commerce (or against a trade association of such manufacturers or sellers) for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of a firearm. Requires pending actions to be dismissed. Excludes actions: (1) brought against persons who transfer a firearm knowing that it will be used to commit a crime of violence or a drug trafficking crime, by a party directly harmed by such crime; (2) brought against a seller for negligent entrustment or negligence per se; (3) in which a manufacturer or seller of a firearm knowingly violated a State or Federal statute applicable to the sale or marketing of the firearm, and the violation was a proximate cause of the harm for which relief is sought; (4) for breach of contract or warranty in connection with the purchase of the firearm; or (5) for death, physical injuries, or property damage resulting directly from a defect in design or manufacture of the firearm when used as intended or in a reasonably foreseeable manner, except that where the discharge was caused by a volitional act that constituted a criminal offense, such act shall be considered the sole proximate cause of any resulting death, personal injuries, or property damage.
United States · United States Congress · 16 February 2005
Authorizes the President, on behalf of Congress, to award a gold medal collectively to the Tuskegee Airmen in recognition of their unique military record, which inspired revolutionary reform in the Armed Forces.
United States · United States Congress · 16 February 2005
Medicaid Community-Based Attendant Services and Supports Act of 2005 - Amends title XIX (Medicaid) of the Social Security Act (SSA) to require State Medicaid plan coverage of community-based attendant services and supports for certain Medicaid-eligible individuals. Outlines requirements for: (1) an enhanced Federal medical assistance percentage (FMAP) for ongoing activities of early coverage States that enhance and promote the use of community-based attendant services and supports; and (2) increased Federal financial participation for certain expenditures incurred by the State for the provision of such services and supports. Directs the Secretary of Health and Human Services to: (1) award grants to eligible States which have established a Consumer Task Force to assist the State in its development of real choice systems change initiatives; and (2) conduct a demonstration project for the purpose of evaluating service coordination and cost-sharing approaches with respect to the provision of community-based services and supports to non-elderly dually eligible individuals.
United States · United States Congress · 16 February 2005
Amends the Internal Revenue Code to: (1) make permanent provisions allowing the expensing of environmental remediation costs; (2) revise the definition of "qualified contaminated site" to include toxic as well as hazardous substances; (3) include within the definition of "hazardous or toxic substances" extremely hazardous substances, as defined by Federal law, and petroleum contaminants; and (4) eliminate the recapture of the expensing deduction upon the sale of environmental remediation property.
United States · United States Congress · 16 February 2005
Designates the month of March as Deep-Vein Thrombosis Awareness Month. Honors the memory of David Bloom (a National Broadcasting Company journalist who died of a pulmonary embolism). Recognizes the importance of raising awareness of deep-vein thrombosis.
United States · United States Congress · 16 February 2005
Designates February 25, 2005, as National MPS Awareness Day (mucopolysaccharidosis and mucolipidosis disorders are genetically determined lysosomal storage disorders that result in the inability of the body to produce certain enzymes needed to break down complex carbohydrates).
United States · United States Congress · 15 February 2005
Animal Fighting Prohibition Enforcement Act of 2005 - Amends the Federal criminal code to prohibit: (1) sponsoring or exhibiting a bird in a fighting venture in a State where it would not otherwise be in violation of the law, only if the person knew that any bird in the venture was knowingly bought, sold, delivered, transported, or received in interstate or foreign commerce for such purpose; or (2) knowingly sponsoring or exhibiting in an animal fighting venture any other animal that was moved in interstate or foreign commerce. Prohibits knowingly: (1) selling, buying, transporting, delivering, or receiving, for purposes of transportation in interstate or foreign commerce, any dog or other animal to participate in an animal fighting venture; (2) using interstate mail service for commercial speech promoting an animal fighting venture except as performed outside the limits of the States (with an exception for bird fights in States whose laws allow them); or (3) selling, buying, transporting, or delivering in interstate or foreign commerce a knife, gaff, or other sharp instrument to be attached to the leg of a bird for use in an animal fighting venture. Sets penalties of a fine under the code, two years' imprisonment, or both for violations of this Act. (Repeals conflicting provisions of the Animal Welfare Act.)
United States · United States Congress · 15 February 2005
Reducing Crime and Terrorism at America's Seaports Act of 2005 - Amends the federal criminal code to prohibit: (1) entry by false pretenses to a secure area of a seaport; (2) knowingly failing to obey an order to heave to by an authorized federal officer; (3) forcibly interfering with an authorized law enforcement action or providing false information during a boarding; and (4) willfully disabling a passenger vehicle. Sets penalties for knowingly and intentionally: (1) placing in U.S. navigable waters a device or substance likely to destroy or damage a vessel or its cargo or likely to interfere with safe navigation or maritime commerce; (2) discharging or releasing into U.S. navigable water or onto an adjoining shoreline any substance that would endanger human life, health, or welfare or the marine environment; and (3) transporting aboard any vessel explosive, biological, chemical, or radioactive or nuclear material to be used to commit terrorism. Sets penalties for: (1) knowingly transporting aboard any vessel a terrorist or terror suspect; (2) willfully causing destruction of a vessel or maritime facility; and (3) imparting or conveying false information concerning an attempt made to commit certain criminal acts. Expands the scope of a prohibition against theft of interstate or foreign shipments. Increases penalties for stowaways on vessels or aircraft. Prohibits bribery affecting port security. Amends the Tariff Act of 1930 to increase penalties for noncompliance with manifest requirements and to expand the scope of those requirements to cover any responsible party, including non-vessel operating common carriers.
United States · United States Congress · 10 February 2005
Declares that the steel import licensing and monitoring program established by the Secretaries of the Treasury and of Commerce shall remain in effect and be established by the Secretary of Commerce as a permanent program. Requires the Secretaries to expand the program to include all iron and steel, and all articles of iron and steel, specified in this Act. Requires release of the import and licensing data made available to the public as part of this program, based upon classifications at the tenth digit level of the Harmonized Schedule of the United States. Grants the Secretaries authority to maintain the program and to expand it as necessary and appropriate in accordance with this Act.
United States · United States Congress · 10 February 2005
Agricultural Job Opportunities, Benefits, and Security Act of 2005 - Directs the Secretary of Homeland Security to grant qualifying alien agricultural workers (and their spouses and minor children) temporary resident status and subsequently lawful permanent resident status upon the fulfillment of specified agricultural work and residency requirements. Sets forth provisions with respect to: (1) adjustment of status applications, including penalties for false statements; (2) the waiver of numerical limitations and certain grounds for inadmissibility; (3) the temporary stay of removal and work authorization; (4) administrative and judicial review; and (5) dissemination of program information. Amends the Social Security Act to provide for the correction of such aliens' social security records. Amends the Immigration and Nationality Act to set forth application requirements for H-2A (temporary agricultural worker) employers and employer associations, including assurances: (1) that the job opportunity is temporary or seasonal and is not the result of a labor dispute; (2) that attempts have been made to hire U.S. workers; and (3) respecting required wages and benefits and compliance with labor laws. Sets forth employment requirements with respect to H-2A worker wages, housing, and transportation reimbursement. Establishes the Commission on Agricultural Wage Standards under the H-2A program. Revises provisions respecting the admission and extension of stay of H-2A workers. Provides special rules for alien sheepherders. Sets forth worker protection and labor standards enforcement provisions for such aliens.
United States · United States Congress · 9 February 2005
Pharmaceutical Market Access and Drug Safety Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to revise provisions governing the importation of prescription drugs. Waives the limitation on importation of prescription drugs that have been exported from the United States. Prohibits the importation of a qualifying drug unless such drug is imported by: (1) a registered importer; or (2) an individual for personal use. Establishes registration conditions for importers and exporters. Requires the Secretary to inspect places of business, verify chains of custody, inspect facilities, and determine compliance with registration conditions. Sets forth provisions governing the importation of qualifying drugs that are different from U.S. label drugs, including standards for judging such differences. Prohibits manufacturers from: (1) discriminating against registered exporters or importers; (2) causing there to be a difference in a prescription drug distributed in the United States and one distributed in a permitted country; (3) engaging in actions to restrict, prohibit, or delay the importation of a qualifying drug; or (4) engaging in any action that the Federal Trade Commission (FTC) determines discriminates against a person that engages or attempts to engage in the importation of a qualifying drug. States that the resale in the United States of prescription drugs that were properly sold abroad is not patent infringement. Requires the Secretary to educate consumers regarding prescription drug importation. Sets forth provisions governing the sale of prescription drugs through an Internet site. Includes the dispensing or selling of a prescription drug in violation of this Act as a prohibited act under FFDCA.
United States · United States Congress · 9 February 2005
Bipartisan Commission on Medicaid Act of 2005 - Establishes the Bipartisan Commission on Medicaid to review: (1) each of Medicaid's major functional responsibilities; (2) issues that either threaten or improve the long-term financial condition of Medicaid; (3) Federal and State policies for Medicaid and Medicare enrollment (including enrollment sites), income eligibility, outreach, and documentation; (4) the operation and effectiveness of Medicaid premium assistance programs; and (5) Medicaid payment policies.
United States · United States Congress · 8 February 2005
Early Treatment for HIV Act of 2005 - Amends title XIX (Medicaid) of the Social Security Act to give States the option of providing Medicaid coverage for certain low-income HIV-infected individuals. Provides States taking advantage of this option with an enhanced Federal Medicaid match.
United States · United States Congress · 7 February 2005
Commends the people of Iraq on the January 2005 elections, and congratulates the new members of the Transitional National Assembly and the leaders of the provincial and regional governments. Urges the new leadership of Iraq to move forward with drafting the constitution, upholding the law, and holding a referendum on the new constitution. Honors the sacrifices made for freedom by the people of Iraq. Commends the Iraqi security forces and the U.S. Armed Forces and Coalition forces who ensured the elections could be conducted in a relatively safe and credible manner. Condemns all acts of violence and intimidation by members of the former Iraqi regime, insurgents, and other extremists and terrorists. Declares that it is in the interest of the people of Iraq, the Middle East, the United States, and the international community that Iraq transitions to a democratic state and serves as a catalyst for regional peace and stability. Calls on the international community, particularly Arab states, countries with predominantly Muslim populations, and all North Atlantic Treaty Organization (NATO) members, to provide military and police personnel to train Iraqi security forces and to otherwise assist in Iraq's political and economic development. Encourages the newly-elected transitional government of Iraq to ensure that all Iraqis, including members of the Sunni community, are represented in the Constitution-writing process and in the new Iraqi cabinet.
United States · United States Congress · 7 February 2005
Declares that the Senate: (1) apologizes to the victims and survivors of lynching for its failure to enact anti-lynching legislation; (2) expresses its deepest sympathies and most solemn regrets to the descendants of such victims whose ancestors were deprived of life, human dignity, and the constitutional protections accorded all other U.S. citizens; and (3) remembers the history of lynching, to ensure that these personal tragedies will be neither forgotten nor repeated.
United States · United States Congress · 3 February 2005
Amends the Internal Revenue Code to exclude from gross income hazard mitigation payments received under the Robert T. Stafford Disaster Relief and Emergency Assistance Act or the National Flood Insurance Act.
United States · United States Congress · 3 February 2005
Imposes an additional duty of 27.5 percent on Chinese goods imported into the United States unless the President submits a certification to Congress that the People's Republic of China (PRC) is no longer manipulating the rate of exchange and is complying with accepted market-based trading policies. Directs the Secretary of the Treasury to negotiate with the PRC to ensure a process that leads to a market-based system of currency valuation.
United States · United States Congress · 3 February 2005
Hearing Health Accessibility Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide for direct access to qualified audiologists for Medicare beneficiaries and the coverage of audiology services as a Medicare part B (Supplementary Medical Insurance) medical service.
United States · United States Congress · 3 February 2005
Amends the Farm Security and Rural Investment Act of 2002 with respect to national dairy market loss payments to: (1) extend, by two years, program sign-up and contract periods; and (2) double single dairy operation payment quantities.
United States · United States Congress · 31 January 2005
Calling for 2-1-1 Act of 2005 - Directs the Secretary of Health and Human Services to award a grant to each State to carry out a program in the Administration on Children and Families for making available throughout that State the 2-1-1 telephone service for information and referral on human services. Requires a participating State to ensure that at least 50 percent of the resources of the program funded by the grant will be derived from other sources. Requires a State seeking a grant to carry out its activities through a lead entity to be known as a 2-1-1 Collaborative. Requires grant amounts to be used solely to make available to a State 2-1-1 telephone service for community information and referral on human services to all citizens of that State with phone access, including telephone connections between families and individuals seeking services and the service providers. Requires grant recipients to: (1) abide by the Key Standards for 2-1-1 Centers; and (2) collaborate with human service organizations to provide an exhaustive database of services with which to provide information or referral to individuals utilizing the 2-1-1 service.
United States · United States Congress · 31 January 2005
Overtime Rights Protection Act - Amends the Fair Labor Standards Act of 1938 (FLSA) to prohibit from having any force or effect 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.
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 · 25 January 2005
Gang Prevention and Effective Deterrence Act of 2005 - Amends the Federal criminal code to prohibit various criminal street gang-related offenses, including participating in a criminal street gang by committing a predicate crime in furtherance of the activities of such gang, to gain entrance to or to maintain or increase position in the gang, or for the gang's benefit. Amends: (1) the Controlled Substances Act to prohibit murder and other violent crimes committed during and in relation to a drug trafficking crime; and (2) the Violent Crime Control and Law Enforcement Act of 1994 to authorize the use of grants by the Attorney General to fund technology and training for prosecutors and to create and expand witness and victim protection programs. Authorizes the Attorney General to: (1) designate high intensity interstate gang activity areas; and (2) expand the Project Safe Neighborhoods program. Prohibits traveling in, or causing another to travel in, interstate or foreign commerce with intent that one or more murders be committed in violation of State or Federal law. Expands the scope of predicate crimes for authorization of interception of wire, oral, and electronic communications to cover violations relating to criminal street gangs. Modifies code provisions regarding the treatment of Federal juvenile offenders. Amends the Federal judicial code to direct the U.S. Sentencing Commission to promulgate and distribute guidelines for use by a court in determining the sentence to be imposed in a criminal case if the defendant committed the offense as a juvenile, and is tried as an adult.
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 · 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.
![Official portrait of Sen. Specter, Arlen [R-PA]](https://www.congress.gov/img/member/s000709_200.jpg)