United States · United States Congress · 26 April 2005
Commonsense Consumption Act of 2005 - Prohibits new and dismisses pending civil actions by any person against a manufacturer, marketer, distributor, advertiser, or seller of food or a trade association for any injury related to a person's accumulated acts of consumption of food and weight gain, obesity, or any associated health condition, excluding actions alleging: (1) a breach of express contract or express warranty provided that the grounds of recovery are unrelated to a person's weight gain, obesity, or related health condition; (2) a knowing violation of a federal or state statute applicable to the marketing, advertisement, or labeling of food with intent for a person to rely on that violation, where such person relied on that violation, and where such reliance was the proximate cause of injury related to that person's weight gain, obesity, or related health condition; or (3) a violation brought by the Federal Trade Commission (FTC) under the Federal Trade Commission Act or by the Food and Drug Administration (FDA) under the Federal Food, Drug, and Cosmetic Act. Requires in any excluded action: (1) a stay of discovery during the pendency of any motion to dismiss, unless necessary to preserve evidence or to prevent undue prejudice; and (2) evidence preservation during the stay. Requires the complaint in such an action to plead with particularity: (1) each element of the cause of action; (2) the Federal and State statutes that were allegedly violated; (3) the specific facts alleged to constitute the violation of law; and (4) the specific facts that are alleged to have caused the claimed injury.
United States · United States Congress · 21 April 2005
Biennial Budgeting and Appropriations Act- Amends the Congressional Budget Act of 1974 to require: (1) biennial (currently, annual) budget resolutions; (2) biennial appropriations Acts; and (3) biennial Government strategic and performance plans. Defines the budget biennium as the two consecutive fiscal years beginning on October 1 of any odd-numbered year. Requires the Director of the Office of Management and Budget to: (1) determine the impact and feasibility of changing the definition of a fiscal year and the budget process based on that definition to a two-year fiscal period with a biennial budget process based on such period; and (2) report the findings to the House and Senate Budget Committees.
United States · United States Congress · 19 April 2005
Combating Autism Act of 2005 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH): (1) to develop a scientifically justified budget for research on autism spectrum disorders; (2) acting through the Director of the National Institute of Mental Health, to provide for centers of excellence regarding research on autism; and (3) acting through the Director of the National Institute of Child Health and Human Development and the Director of the National Institute on Deafness and Other Disorders, to provide for Collaborative Programs of Excellence in Autism. Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to establish: (1) regional centers of excellence in autism and pervasive developmental disabilities epidemiology; and (2) a clearinghouse for the collecting and storage of data generated. Requires the Secretary to establish: (1) a program to provide information and education on autism and its risk factors to health professionals and the general public; and (2) the Autism Coordinating Committee to coordinate autism related activities within the Department of Health and Human Services (HHS). Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to award grants or cooperative agreements to develop statewide autism screening, diagnosis, and intervention programs and systems. Requires the Director of NIH, acting through the Director of the National Institute of Environmental Health Sciences, to provide for centers of excellence regarding environmental health and autism.
United States · United States Congress · 19 April 2005
Recognizes the special legal and political relationship the Indian tribes have with the United States and the solemn covenant with the land we share. Commends and honors the Native Peoples for the thousands of years that they have stewarded and protected this land. Recognizes that there have been years of official depredations, ill-conceived policies, and the breaking of covenants by the Federal Government regarding Indian tribes. Apologizes on behalf of the people of the United States to all Native Peoples for the many instances of violence, maltreatment, and neglect inflicted on them by U.S. citizens. Expresses the regret of the United States for the ramifications of former wrongs and its commitment to build on the positive relationships of the past and present to move toward reconciliation. Urges the President to acknowledge the wrongs of the United States against Indian tribes in U.S. history. Commends the State governments that have begun reconciliation efforts with recognized Indian tribes located in their boundaries, and encourages all State governments to do the same. Declares that nothing in this Joint Resolution authorizes any claim against the United States or serves as a settlement of any claim against it.
United States · United States Congress · 15 April 2005
Abraham Lincoln Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 coins emblematic of the life and legacy of President Abraham Lincoln in commemoration of the bicentennial of his birth. Permits issuance of such coins only during the one-year period beginning on January 1, 2009. Subjects the coin sales to a surcharge of $10 per coin.
United States · United States Congress · 15 April 2005
Amends the Packers and Stockyards Act, 1921 to prohibit livestock packers from owning, controlling, or feeding livestock to such an extent that the producer no longer materially participates in the management of the operation, with exceptions for: (1) animals held for not more than seven days before slaughter; (2) certain cooperatives that own, control or feed livestock and provide such livestock for slaughter; (3) packers that are not required to report price and quantity information on each reporting day; or (4) packers that own one livestock processing plant.
United States · United States Congress · 14 April 2005
Amends Federal veterans' benefits provisions to require that a member insured under the Servicemembers' Group Life Insurance (SGLI) program be automatically issued a traumatic injury protection rider that will provide a payment of up to $100,000 per event if the member, while so insured, sustains a traumatic injury that results in: (1) a loss of sight, limbs, movement, speech, or hearing; (2) certain burns; or (3) a coma or the inability to carry out certain daily living activities. Provides coverage exceptions, including attempted suicide or self-inflicted injury, committing or attempting to commit a felony, being legally intoxicated, or willful misconduct. Provides specific payment amounts with respect to each type of injury or loss. Requires the payment, while a member is serving on active or reserve duty, of premiums for such additional coverage. Terminates such coverage upon separation from the Armed Forces.
United States · United States Congress · 13 April 2005
Federal Aviation Safety Security Act of 2005 - Declares that functions performed by air traffic control specialists at Federal Aviation Administration flight service stations are inherently governmental functions, and must be performed by Federal employees. Voids any action taken pursuant to the Federal Activities Inventory Reform Act of 1998 to include such functions on certain annual Federal agency lists (submitted to the Office of Management and Budget) of government activities performed by Federal Government sources for an agency that are not inherently governmental functions.
United States · United States Congress · 13 April 2005
Small Business Compliance Assistance Enhancement Act of 2005 - Amends the Small Business Regulatory Enforcement Fairness Act of 1996 to require an agency to prepare a compliance guide to assist small entities in complying with a Federal rule or group of related rules for which an agency is required to prepare a final regulatory flexibility analysis whenever an agency determines that a Federal rule or group of rules will have a significant economic impact on a substantial number of small entities.
United States · United States Congress · 12 April 2005
Designates April 15, 2005, as National Youth Service Day. Recognizes and commends the significant contributions of American youth. Encourages the cultivation of a common civic bond among young people dedicated to serving their neighbors, their communities, and the Nation.
United States · United States Congress · 6 April 2005
Tribal Colleges and Universities Teacher Loan Forgiveness Act - Amends the Higher Education Act of 1965 to provide for the cancellation of a specified percentage of the total amount of any Federal Perkins loan, Federal Family Education loan, or direct student loan for each year of employment (up to five) as a full-time teacher at a tribal college or university if the borrower is not in default on such loan. Prohibits a borrower from receiving, for the same service, both a benefit from this Act and a benefit from the National Community Service Act of 1990. Amends the Public Health Service Act to provide for repayment by the Secretary of Health and Human Services of educational loans for nurse training costs on behalf of nursing instructors at tribal colleges or universities, or any land-grant institution listed in the Equity in Educational Land-Grant Status Act of 1994. Provides that the amount of any loan forgiven under this Act shall not be treated as gross income for federal tax purposes.
United States · United States Congress · 6 April 2005
Water Resources Development Act of 2005 - Authorizes water projects and river and harbor improvements, including new locks on, and modifications to the operation of, the Upper Mississippi River and the Illinois Waterway. Sets forth authorizations for, modifications to, deauthorizations of, and study requirements for navigation, flood damage reduction, hurricane and storm damage reduction, ecosystem restoration, and related projects throughout the country. Authorizes the Secretary of the Army to: (1) modify the operation of the Upper Mississippi River and Illinois Waterway System to address cumulative environmental impacts; and (2) restore the ecosystem of the Louisiana Coastal Area. Establishes the Coastal Louisiana Ecosystem Protection and Restoration Task Force. Directs the Secretary to: (1) develop a plan for modifying the Mississippi River Gulf Outlet; and (2) establish a coastal Louisiana ecosystem science and technology program. Amends the Flood Control Act of 1970 to direct the Secretary to credit toward the non-federal share of the cost of a water resources project the value of in-kind contributions made by the non-federal interest. Authorizes the Secretary to: (1) include individuals from the private sector in Corps of Engineers' training classes; and (2) establish centers of expertise to provide specialized planning expertise for water resource projects. Mandates peer review of major engineering, scientific, and technical work products by the Corps. Directs the Secretary, acting through the Corps, to: (1) provide public access to water resource and related water quality data in the Corps' custody; and (2) conduct a national shoreline erosion control development and demonstration program. Directs the Secretary to conduct a study and develop a general management plan for restoration of the Upper Connecticut River ecosystem.
United States · United States Congress · 6 April 2005
Collegiate Housing and Infrastructure Act of 2005 - Amends the Internal Revenue Code to permit organizations organized and operated exclusively for charitable or educational purposes and which make collegiate housing and infrastructure improvement grants to continue to be treated as tax-exempt organizations so long as all of the active members of the recipient organization are full-time students at the college or university with which the recipient organization is associated.
United States · United States Congress · 5 April 2005
Joins the world in mourning the death of Pope John Paul II, and pays tribute to him by pledging to be ever faithful to our national calling to be "one Nation, under God, indivisible, with liberty and justice for all,'' and to help our neighbors in immeasurable ways.
United States · United States Congress · 4 April 2005
New Shipper Review Amendment Act of 2005 - Amends the Tariff Act of 1930 with respect to reviews by the administering authority to establish an individual weighted average dumping margin or an individual countervailing duty rate (as the case may be) for a new exporter or producer that: (1) did not export the merchandise that was the subject of an antidumping duty or countervailing duty order to the United States during the period of investigation; and (2) was not affiliated with any exporter or producer who did. Suspends, until three years after enactment of this Act, the requirement that the administering authority direct the Customs Service to allow, at the option of the importer of such merchandise, the posting, until completion of the review, of a bond or security in lieu of a cash deposit for each entry of the subject merchandise (bonding privileges).
United States · United States Congress · 4 April 2005
Notes with deep sorrow and solemn mourning the death of His Holiness, Pope John Paul II. Extends the Senate's heartfelt sympathy to all people who have been touched by his passing. Commends his ability to transcend the bounds of religion, race, and political thought, and his becoming a formidable champion, uniter, and defender in humanity's struggle for peace and basic human rights. Calls on all the people of the United States to reflect on his life and legacy during this international period of remembrance.
United States · United States Congress · 17 March 2005
Human Cloning Prohibition Act of 2005 - Amends the Public Health Service Act to prohibit any person or entity, in or affecting interstate commerce, from knowingly: (1) performing or attempting to perform human cloning; (2) participating in such an attempt; or (3) shipping or receiving an embryo produced by human cloning or any product derived from such an embryo. Prohibits knowingly importing such an embryo. Sets forth criminal and civil penalties. Provides that nothing in this Act restricts areas of scientific research not specifically prohibited, including research in the use of nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans. Directs the Government Accountability Office (GAO) to assess the need to amend such prohibition, including through: (1) a discussion of new developments, the need for somatic cell transfer to produce medical advances, current public attitudes and prevailing ethical views concerning its use, and potential legal implications of somatic cell transfer research; and (2) a review of any technological developments that may require technical changes to such prohibition.
United States · United States Congress · 17 March 2005
Fuels Security Act of 2005 - Amends the Clean Air Act to require that motor vehicle fuel contain a specified volume of renewable fuel. Establishes a system of: (1) tradeable credits for motor vehicle fuel containing more renewable fuel than required; and (2) waivers for States and small refineries. Amends the Energy Policy Act of 1992 to require Federal agency heads to ensure that ethanol-blended gasoline and biodiesel-blended diesel fuel is purchased for agency vehicles in areas where such fuel is available at competitive prices. Amends the Clean Air Act to eliminate the oxygen content requirement for reformulated gasoline. Requires the Administrator to: (1) establish standards for toxic air pollutants from the use of reformulated gasoline; and (2) within 30 days of enactment of this Act, determine the adequacy of any petition from a State Governor to exempt gasoline sold in the State from certain requirements for reformulated gasoline. Permits States additional opt-in areas under the reformulated gasoline program. Requires Federal enforcement of State fuels requirements. Sets forth various data collection and reporting requirements.
United States · United States Congress · 17 March 2005
Declares the sense of the Senate that if the Government of Japan continues to delay in meeting its obligations under the understanding reached with the United States on October 23, 2004, to resume beef imports from the United States, the U.S. Trade Representative should immediately impose retaliatory economic measures on Japan.
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
Support our Scouts Act of 2005 - Prohibits any Federal law from being construed to limit any Federal agency from providing any form of support for a youth organization (including the Boy Scouts of America or any group officially affiliated with the Boy Scouts of America) that would result in that Federal agency providing less support to that youth organization (or any similar organization chartered under Federal law relating to the Boy Scouts of America) than was provided during each of the preceding four fiscal years. Amends the Housing and Community Development Act of 1974 to prohibit any State or unit of general local government that has a designated open forum, limited public forum, or nonpublic forum and that is a recipient of assistance under the Act from denying equal access or a fair opportunity to meet to, or discriminate against, any youth organization, including the Boy Scouts of America or any group officially affiliated with the Boy Scouts of America, that wishes to conduct a meeting or otherwise participate in that designated open forum, limited public forum, or nonpublic forum.
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 · 11 March 2005
Amends the Internal Revenue Code to revise the tax credit for biodiesel used as fuel to include a credit for the production of agri-biodiesel fuel equal to 10 cents for each gallon produced. Limits: (1) the amount of qualified agri-biodiesel production of a producer to 15 million gallons for any taxable year; and (2) eligible producers to those with a productive capacity not exceeding 60 million gallons. Revises the small ethanol producer tax credit to: (1) expand the eligibility of small ethanol producers for the credit; (2) exclude the credit from the definition of passive activity credit; and (3) exclude credit amounts from inclusion in gross income.
United States · United States Congress · 11 March 2005
Consumer Rental Purchase Agreement Act of 2005 - Amends the Consumer Credit Protection Act to prescribe guidelines for rental-purchase transactions, including: (1) the determination of rental-purchase cost; (2) disclosure requirements; (3) prohibitions against confessions of judgment, wage assignments, and waiver of consumer claims or defenses, and other specified types of provisions; (4) furnishing of statements of account; (5) point-of-rental disclosures; and (6) rental-purchase advertising disclosures. Declares that an action for civil liability may be brought against a merchant's assignee only if the violation is apparent on the face of a rental-purchase agreement to which it relates, including, but not limited to, a disclosure that can be determined to be incomplete or inaccurate from the face of the agreement. Authorizes the Board of Governors of the Federal Reserve System to promulgate implementing regulations. Provides for Federal and State enforcement of this Act. Subjects to criminal penalties any willful and knowing violation of the information disclosure requirements of this Act.
United States · United States Congress · 11 March 2005
Reliable Fuels Act - Amends the Clean Air Act to require that gasoline contain a specified volume of renewable fuel. Establishes: (1) a system of tradeable credits for gasoline containing more renewable fuel than required; (2) a system of waivers for States and small refineries; and (3) a renewable fuel safe harbor from liability for manufacturers and distributors. Requires a procedure for States to eliminate a particular vapor pressure limitation for ethanol blends when necessary to prevent increased emissions. Authorizes funding for loan guarantees to carry out cellulosic biomass commercial demonstration projects. Requires the Secretary of Energy to carry out not more than three such projects. Requires the Administrator of the Environmental Protection Agency (EPA) to make grants for the development of renewable fuel production technologies. Authorizes the Secretary to make grants to merchant producers of cellulosic biomass ethanol for the construction of production facilities that use cellulosic biomass feedstocks. Federal Reformulated Fuels Act of 2005 - Amends the Solid Waste Disposal Act to permit the use of the Leaking Underground Storage Tank Trust Fund for methyl tertiary butyl ether (MTBE) remediation purposes. Restricts the future use of MTBE as a fuel additive. Authorizes the Secretary to make grants to merchant producers of MTBE for production facility conversion. Amends the Clean Air Act to eliminate the oxygen content requirement for reformulated gasoline. Requires the Administrator to establish standards for toxic air pollutants from the use of reformulated gasoline. Permits the commingling at retail stations of reformulated gasoline containing and not containing ethanol. Permits States additional opt-in areas under the reformulated gasoline program. Requires Federal enforcement of State fuels requirements. Sets forth various data collection and reporting requirements.
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
Amends the Intermodal Surface Transportation Efficiency Act of 1991 to designate Heartland Expressway from Denver, Colorado, through Wyoming and Scottsbluff, Nebraska, to Rapid City, South Dakota, as a high priority corridor on the National Highway System.
United States · United States Congress · 3 March 2005
RU-486 Suspension and Review Act of 2005 - Deems the approved application for the drug mifepristone (marketed as Mifeprex, commonly known as RU-486, and used for the chemically induced termination of intrauterine pregnancy) to have been withdrawn. Deems the drug misoprostol as misbranded under the Federal Food, Drug, and Cosmetic Act (FFDCA) if it bears labeling providing that the drug may be used for the medical termination of intrauterine pregnancy. Directs the Comptroller General to review and report on the process by which the Food and Drug Administration (FDA) approved mifepristone. Provides for the reinstatement of the approved application for such drug if the report determines the approval to have been in accordance with FFDCA.
United States · United States Congress · 2 March 2005
Amends the Higher Education Act of 1965 to include teacher quality enhancement programs relating to the needs of gifted and talented students among authorized uses of title II grants for States and partnerships.
United States · United States Congress · 1 March 2005
Amends the Internal Revenue Code to permit: (1) Federal civilian and military retirees to pay Federal Employees Health Benefits Program (FEHBP) and TRICARE supplemental premiums on a pretax basis (i.e., exclude premiums from gross income); and (2) a tax deduction (available to itemizers and nonitemizers) for TRICARE supplemental premiums or enrollment fees. Directs the Director of the Office of Personnel Management (OPM) and the Secretary of Defense to ensure that the option of paying FEHBP and TRICARE supplemental premiums on a pretax basis is available to Federal civilian and military retirees for the first open enrollment period beginning not less than 90 days after the enactment of this Act.
United States · United States Congress · 1 March 2005
Federal Consent Decree Fairness Act - Authorizes State or local governments and related officials sued in their official capacity to file a motion to modify or vacate a consent decree upon the earlier of: (1) four years after the consent decree is originally entered; or (2) in the case of a civil action in which a State is a party or in which a local government is a party and the surrounding State is not a party, the expiration of the term of office of the highest elected State or local government official authorizing the consent decree. Places the burden of proof with respect to such motions on the party originally filing the action to demonstrate that continued enforcement is necessary to uphold a Federal right. Nullifies consent decrees pending a ruling on a motion to modify or vacate if the court fails to rule on such motion within 90 days of filing. Addresses compensation and termination of special masters overseeing consent decrees. Makes this Act applicable to all consent decrees regardless of: (1) the date on which the final order of a consent decree is entered; or (2) whether any relief has been obtained before enactment.
United States · United States Congress · 28 February 2005
Designates the second week of March 2005 as Extension Living Well Week. Encourages the people of the United States to take advantage of the educational opportunities that Extension Family and Consumer Sciences educators provide.
United States · United States Congress · 17 February 2005
Minority Serving Institution Digital and Wireless Technology Opportunity Act of 2005 - Establishes within the National Science Foundation (NSF) an Office of Minority Serving Institution Digital and Wireless Technology to: (1) award grants, contracts, or cooperative agreements (assistance) to eligible institutions to provide educational instruction in digital and wireless network technologies; and (2) strengthen the national digital and wireless infrastructure by increasing national investment in telecommunications and technology infrastructure at eligible institutions. Requires the NSF Director to establish an advisory council on the best approaches for involving eligible institutions in supported activities and for reviewing and evaluating submitted proposals. Requires the council to include members from minority serving institutions. Makes the following institutions eligible for such assistance: (1) a historically Black college or university; (2) a Hispanic-, Alaska Native-, or Native Hawaiian-serving institution; (3) a tribally controlled college or university; or (4) an institution determined to have enrolled a substantial number of minority, low-income students who received assistance under the Higher Education Act of 1965. Provides a matching funds requirement.
United States · United States Congress · 17 February 2005
Death Tax Repeal Permanency Act of 2005 - Provides that the sunset provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (i.e., December 31, 2010) shall not apply to the repeal of the Federal estate tax and generation-skipping transfer tax (thus making such repeal permanent).
United States · United States Congress · 16 February 2005
Child Custody Protection Act - Amends the federal criminal code to prohibit transporting a minor across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minor’s state of residence that requires parental involvement in the minor’s abortion decision). Makes an exception for an abortion necessary to save the life of the minor. Protects from prosecution or civil liability the minor or the minor’s parents for violations of this Act. Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place. Authorizes any parent who suffers harm from a violation of this Act to seek relief in a civil action. Defines "parent" to include a guardian, legal custodian, or person standing in loco parentis.
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 · 14 February 2005
Tribal Parity Act - Amends the Lower Brule Sioux Tribe Infrastructure Development Trust Fund Act to increase from $39.3 million to $186,822,140 the aggregate amount to be deposited into the Lower Brule Sioux Tribe Infrastructure Development Trust Fund by the Secretary of the Treasury to provide compensation to the Lower Brule Tribe of South Dakota for damage to tribal land caused by Pick-Sloan projects along the Missouri River. Amends the Crow Creek Sioux Tribe Infrastructure Development Trust Fund Act of 1996 to increase from $27.5 million to $105,917,853 the aggregate amount to be deposited into the Crow Creek Sioux Tribe Infrastructure Development Trust Fund by the Secretary to provide compensation to the Crow Creek Sioux Tribe of South Dakota for such damage.
United States · United States Congress · 14 February 2005
National Right-to-Work Act - Amends the National Labor Relations Act and the Railway Labor Act to repeal those provisions that permit employers, pursuant to a collective bargaining agreement that is a union security agreement, to require employees to join a union as a condition of employment (including provisions permitting railroad carriers to require, pursuant to such an agreement, payroll deduction of union dues or fees as a condition of employment).
United States · United States Congress · 10 February 2005
Save Our Small and Seasonal Businesses Act of 2005 - Amends the Immigration and Nationality Act to prohibit an alien counted toward the numerical limitation applicable to H-2B nonimmigrants (temporary nonagricultural workers) during any of the three fiscal years prior to submission of an H-2B petition from being counted toward the limitation in the year of petition approval. Makes this provision effective as if enacted on October 1, 2004. Provides for its expiration on October 1, 2006. Requires the Secretary of Homeland Security to impose a fraud prevention and detection fee on employers filing H-2B petitions. Mandates the deposit of such fees into the Fraud Prevention and Detection Account. Authorizes additional penalties for a substantial failure to meet any condition of an H-2B petition or the willful misrepresentation of a material fact in such a petition. Requires the allocation of the numerical limitation on the issuance of H-2B visas (currently, 66,000) such that the total number of H-2B nonimmigrants entering the United States during the first six months of a fiscal year is not more than 33,000. Amends the American Competitiveness and Workforce Improvement Act of 1998 to require the Secretary to submit to the Committees on the Judiciary of the House of Representatives and the Senate information regarding: (1) the numbers of aliens granted H-2B status or terminated from H-2B status, on a quarterly basis; and (2) the countries of origin, occupations of, and compensation paid to aliens granted H-2B status, the number of aliens terminated from such status, and the number of aliens provided such status during both the fiscal year reported and the preceding fiscal year, on an annual basis. Requires the Secretary of State to provide information relevant to such reports.
United States · United States Congress · 9 February 2005
Assured Funding for Veterans Health Care Act of 2005 - Requires the Secretary of the Treasury to make available to the Secretary of Veterans Affairs for programs, functions, and activities of the Veterans Health Administration for FY 2007 130 percent of the amount obligated during FY 2005. Adjusts the amount provided for fiscal years after FY 2007 based on the number of enrolled veterans and the number of other persons eligible but not enrolled who are provided care, multiplied by the per capital baseline amount for FY 2005, as increased by the percentage increase in the Consumer Price Index. Prohibits the availability of such funds for: (1) construction, acquisition, or alteration of veterans' medical facilities (other than for repairs provided for before the date of enactment of this Act); or (2) grants for the construction of State home facilities for the furnishing of veterans' domiciliary, nursing home, and hospital care.
United States · United States Congress · 9 February 2005
Agricultural Export Facilitation Act of 2005 - Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSREEA of 2000) to require the Secretary of the Treasury to authorize, under a general license, certain travel-related transactions specified in the Code of Federal Regulations, for travel to, from, or within Cuba in connection with activities undertaken in connection with sales and marketing, including the organization and participation in product exhibitions, and the transportation by sea or air of products pursuant to this Act. Expresses the sense of Congress that the Secretary of State should issue visas for temporary entry into the United States of Cuban nationals whose itinerary documents an intent to conduct activities, including phytosanitary inspections, related to purchasing U.S. agricultural goods under the provisions of TSREEA of 2000. Prohibits the President from restricting direct transfers from a Cuban financial institution to a U.S. financial institution executed in payment for a product authorized for sale under TSREEA of 2000. Repeals the ban in the Department of Commerce and Related Agencies Appropriations Act, 1999 on certain transactions with respect to intellectual property in which the Cuban Government or a Cuban national has an interest regarding a mark or trade or commercial name that is the same as or substantially similar to one that was used in connection with a business or assets that were confiscated, unless the original owner or successor-in-interest has expressly consented. Requires the Secretary of the Treasury to amend the Cuban Asset Control regulations to authorize under general license the transfer or receipt of any trademark or trade name subject to U.S. law in which a designated national has an interest.
United States · United States Congress · 9 February 2005
Iran Freedom and Support Act of 2005 - States that: (1) U.S. sanctions, controls, and regulations relating to weapons of mass destruction with respect to Iran shall remain in effect until the President certifies to the appropriate congressional committees that Iran has permanently and verifiably dismantled its weapons of mass destruction programs and has committed to combating such weapons' proliferation; and (2) such certification shall have no effect on other sanctions relating to Iranian support of international terrorism. Amends the Iran and Libya Sanctions Act of 1996 to: (1) eliminate mandatory sanction provisions respecting Libya; (2) impose mandatory sanctions on a person or entity that aids Iran acquire or develop weapons of mass destruction or destabilizing types and numbers of conventional weapons; (3) revise multilateral regime reporting requirements, including provisions respecting sanctions on individuals aiding Iranian petroleum development; (4) enlarge the scope of sanctionable entities; and (5) eliminate the sunset provision. Declares that U.S. policy should support: (1) efforts by the Iranian people to exercise self-determination over their form of government; and (2) an internationally-overseen referendum in Iran. Authorizes the President to provide financial and political assistance to eligible foreign and domestic individuals and groups that support democracy and advocate nonproliferation in Iran. Directs the President to notify (which may be in classified form) the appropriate congressional committees not later than 15 days prior to designating an eligible opposition group. Expresses the sense of Congress that: (1) the President should appoint a special assistant on Iranian matters; (2) U.S. representatives and officials in international fora should express support for democratic transition in Iran; (3) representatives of the Government of Iran should be denied access to U.S. Government buildings; (4) efforts to halt the Iranian nuclear weapons program should be intensified; and (5) U.S. officials and representatives should strongly support indigenous efforts in Iran calling for democratic elections.
United States · United States Congress · 9 February 2005
Guard and Reserve Readiness and Retention Act of 2005 - Makes an individual eligible for retired pay for non-regular (reserve) military service if such individual: (1) satisfies one of specified combinations of minimum age (between 53 and 60) and years of service (between 20 and 34); (2) performed the last six years of qualifying service in currently authorized categories of military service, but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve; and (3) is not entitled to any other retirement pay from an armed force or as a member of the Fleet Reserve or Fleet Marine Corps Reserve. Authorizes a member of the Selected Reserve to enroll for self or self and family coverage under the TRICARE program (a Department of Defense managed health care program).
United States · United States Congress · 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.
![Official portrait of Sen. Thune, John [R-SD]](https://www.congress.gov/img/member/t000250_200.jpg)