United States · United States Congress · 13 September 2005
Home School Non-Discrimination Act of 2005 - Amends the Higher Education Act of 1965 (HEA) with respect to: (1) student aid eligibility of home-schooled students who have satisfied certain secondary education standards; and (2) institutional aid eligibility of the higher education institutions that such students attend. Amends the Individuals with Disabilities Education Act (IDEA) to provide that, if a parent does not consent to an initial evaluation or special education or related services for a child with a disability, the local educational agency shall not be required to convene an individualized education program (IEP) meeting or develop an IEP for such child. Amends the Internal Revenue Code with respect to qualified elementary and secondary education expenses (the Coverdell Education Savings Account) to include home schools if they are treated as a home school or private school under state law. Amends the Family Educational Rights and Privacy Act of 1974 to prohibit release of certain information on and educational records of students in nonpublic education, including any student educated at home or in a private school in accordance with state law, without written parental consent. Amends HEA to include students at home schools, whether treated as a home school or a private school under state law, among those prospective secondary school graduates eligible to apply for the Robert C. Byrd Honors Scholarship Program for higher education. Amends the Fair Labor Standards Act of 1938 to direct the Secretary of Labor to extend the hours and periods of permissible employment of employees between the ages of 14 and 16 years who are privately educated at a home school, whether the home school is treated as a home school or a private school under state law, beyond those hours and periods applicable to employees of such ages who are educated in traditional public schools. (Thus allows home-school students to be employed during the traditional school day.) Amends specified federal law with respect to policies on recruitment and enlistment of home schooled students in the Armed Forces.
United States · United States Congress · 13 September 2005
Medicaid Health Opportunity Account Act of 2005 - Amends title XIX (Medicaid) of the Social Security Act to direct the Secretary of Health and Human Services to establish a demonstration program under which states may provide alternative benefits, including health opportunity accounts, for eligible population groups in one or more geographic areas. Prohibits the Secretary from approving a state demonstration program unless it provides for transactions involving health opportunity accounts to be conducted electronically and without cash. Limits contributions into a health opportunity account to those by: (1) the state under Medicaid; and (2) other persons and entities, such as charitable organizations. Requires a state to specify the contribution amount that shall be deposited into a health opportunity account. Allows a state to: (1) impose limitations on the maximum contributions that may be deposited into a health opportunity account in a year; and (2) limit contributions into such an account once the balance reaches a specified level. Prohibits a state from contributing annually to a health opportunity account, on behalf of an individual or family, more than $2,500 per adult and $1,000 per child. Allows the use of amounts in a health opportunity account for payment of such health care expenditures as the state specifies.
United States · United States Congress · 8 September 2005
Protecting America Together Act of 2005 - Directs the Secretary of Homeland Security to establish a Border Patrol Auxiliary. States that: (1) it is the intent of Congress that the Auxiliary be used to notify the Border Patrol if members see illegal aliens attempting to cross the U.S. border; (2) each Auxiliary organization shall be deemed to be a U.S. instrumentality when operating within the scope of its authority and exempt from federal tort claims and noncontractual civil liability; and (3) Auxiliary members shall not be considered to be federal employees except as provided for by this Act.
United States · United States Congress · 29 July 2005
Border Protection Corps Act - Authorizes the governor of a state to establish and command a militia, to be known as the Border Protection Corps, for that state. Allows such a Corps to include only U.S. citizens with no criminal history and no history of mental illness. Requires such militia to be called into service to patrol and defend its international border to prevent individuals from entering the United States at any location other than an authorized port of entry. Requires militia members to work in cooperation with state and local law enforcement officials and the U.S. Border Patrol. Allows militia members to take individuals into custody, but requires individuals taken to be promptly delivered to a federal law enforcement authority. Provides reimbursement through the Department of Homeland Security for a state's militia costs.
United States · United States Congress · 29 July 2005
Minority Diabetes Initiative Act - Amends the Public Health Service Act to allow the Secretary of Health and Human Services to make grants to public and nonprofit private health care providers for the purpose of providing treatment for diabetes in minority communities. Conditions grants on the recipient agreeing to provide: (1) services in the languages most appropriate for, and with consideration for the cultural backgrounds of, service recipients; (2) outreach activities; and (3) offsite information on diabetes.
United States · United States Congress · 29 July 2005
Medicare Value-Based Purchasing for Physicians' Services Act of 2005 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to provide for value-based purchasing in the payment for physicians' services under the Medicare program. Establishes updates to the single conversion factor for 2006 through 2009 and succeeding years for such services. Directs the Secretary of Health and Human Services to: (1) provide, as part of the rulemaking process, for the selection of quality measures (Q-measures) and efficiency measures (E-measures) meeting specified general requirements; and (2) determine a single rating of each billing unit based on Q and E measures, and disclose to the public whether a particular billing unit met performance objectives. Requires the Secretary to establish such performance objectives, and base upon them any increased updates in the payment for physician services.
United States · United States Congress · 28 July 2005
Apprenticeship Enhancement Act - Amends the National Apprenticeship Act to direct the Secretary of Labor to ensure that applications relating to apprenticeship programs are processed in a fair and timely manner. Allows aggrieved applicants to file petitions for judicial review of final determinations by the Secretary or applicable designee.
United States · United States Congress · 28 July 2005
Medicaid State Long-Term Care Partnership Program Act of 2005 - Amends title XIX (Medicaid) with respect to the requirement that a state seek adjustment or recovery of any medical assistance correctly paid on behalf of an individual under the state plan in the case of an individual who has received (or is entitled to receive) benefits under a long-term care insurance policy in connection with which assets or resources are disregarded in specified manner. Converts to a discretionary option the current requirement that the state seek adjustment or recovery from an individual's estate on account of medical assistance paid on the individual's behalf for nursing facility and other long-term care services. Exempts from application of such authority the case of an individual who received medical assistance under a state plan of a state which has a state plan amendment that provides for a qualified state long-term care insurance partnership. Defines "qualified state long-term care insurance partnership" to mean a state plan amendment under title XIX that provides for the disregard of any assets or resources in an amount equal to the insurance benefit payments that are made under a long-term care insurance policy, regardless of whether the policy was issued before the effective date of such plan amendment, if specified requirements are met. Directs the Secretary of Health and Human Services to promote the education of consumers regarding qualified state long-term care insurance partnerships.
United States · United States Congress · 28 July 2005
Expresses the sense of Congress that the Medicaid prospective payment system for federally-qualified health centers is critical to ensuring that both Medicaid recipients and the nation's uninsured population have access to quality affordable primary and preventive care services. Recognizes the critical role of such health centers as an essential source of care for millions of Medicaid recipients and uninsured Americans and supports continuation of the prospective payment system in helping to maintain this system of care.
United States · United States Congress · 21 July 2005
AMT Credit Fairness Act of 2005 - Amends the Internal Revenue Code to: (1) make unused alternative minimum tax credits more than four years old refundable at the greater of 20 percent annually or $5,000 per year; and (2) require corporations to provide stock option recipients with certain tax disclosures.
United States · United States Congress · 19 July 2005
Rewarding Employers that Abide by the Law and Guaranteeing Uniform Enforcement to Stop Terrorism Act of 2005 or the REAL GUEST Act of 2005 - Amends the Immigration and Nationality Act (INA) to establish a new guest worker program that replaces the current H nonimmigrant visa category with a single H-visa covering all aliens coming to the United States temporarily to perform skilled or unskilled work, where U.S. workers are not available or could not be trained in less than one year. Increases: (1) border inspectors; (2) benefits fraud inspectors; and (3) immigration and customs enforcement attorneys. Amends the Posse Comitatus Act to authorize U.S. military use for border enforcement. Suspends the visa waiver program until the Secretary of Homeland Security certifies full implementation of an automated entry-exit system and the use of biometric machine readers and passports. Amends INA to establish criminal and forfeiture penalties for unlawful presence. Enhances civil and criminal penalties for document fraud and false statements of citizenship. Revises provisions respecting: (1) valid identification documents for federal benefits purposes; (2) U.S. passports; (3) Social Security cards and accounts; (4) state licenses and identification documents; (5) adjustment of status; and (6) asylum termination. Provides for federal custody of illegal aliens upon state or local request. Establishes a visa term compliance bond. Directs the Secretary to establish a U.S. Immigration and Customs Enforcement Office of Investigations in Tulsa, Oklahoma. Renames the employment authorization verification pilot program as the EASI Check system, and makes such program mandatory and permanent. Sets forth program provisions. Increases employer penalties for hiring, recruiting, or referral violations, including permanent ineligibility to petition for H-visa workers. Amends the Internal Revenue Code to: (1) provide for individual taxpayer identification number (TIN) sharing between the Internal Revenue Service (IRS) and the Department of Homeland Security (DHS); (2) restrict tax credit eligibility for persons using a TIN rather than a social security number; and (3) provide maximum penalties for certain noncomplying employers. Declares that states and localities have the inherent authority to arrest, detain, or transfer aliens in the enforcement of U.S. immigration laws. Requires Cameron University, Lawton, Oklahoma, to establish an immigration training demonstration project for state, local and tribal law enforcement officers. Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to: (1) revise funding provisions for federal reimbursement of emergency health services furnished to undocumented aliens; (2) require an eligible health care provider in order to be paid for services to obtain and forward to U.S. Immigration and Customs Enforcement (ICE) an alien's citizenship information; and (3) eliminate coverage for Mexicans with border crossing cards.
United States · United States Congress · 14 July 2005
Abolishment of Obsolete Agencies and Federal Sunset Act of 2005 - Establishes the Federal Agency Sunset Commission to: (1) submit to Congress a schedule for review by the Commission, at least once every 12 years, of the abolishment or reorganization of each agency; (2) review and evaluate the efficiency and public need for each agency using specified criteria; (3) recommend whether each agency should be abolished or reorganized; and (4) report to Congress on all legislation introduced that would establish a new agency or a new program to be carried out by an existing agency. Requires the abolishment of any agency within one year of the Commission's review, unless the agency is reauthorized by Congress. Authorizes the deadline for abolishing an agency to be extended for an additional two years by legislation enacted by a super majority of the House of Representatives and the Senate. Directs the Comptroller General and the Director of the Congressional Budget Office, in cooperation with the Director of the Congressional Research Service, to prepare an inventory of Federal programs within each agency for the purpose of advising and assisting Congress and the Commission in carrying out the requirements of this Act.
United States · United States Congress · 14 July 2005
United States Trade Rights Enforcement Act - Expresses the sense of Congress about making the countervailing duty law under the Tariff Act of 1930 applicable to actions by nonmarket economy countries, and the impact on the U.S. economy of the huge growth in trade with the People's Republic of China (PRC). Amends the Tariff Act of 1930 to impose countervailing duties on certain merchandise from nonmarket economy countries. Suspends for three years 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). Requires the U.S. Trade Representative (USTR) and the Secretary of Commerce to ensure that specified steps are taken by the PRC to ensure its compliance with its international trade obligations regarding: (1) intellectual property rights; (2) access for exports of U.S. goods, services, and agriculture; and (3) a required detailed accounting of its subsidies to the World Trade Organization (WTO) by the end of 2005. Requires the Secretary of the Treasury to report to specified congressional committees on: (1) the definition of currency manipulation; (2) actions of foreign countries that will be considered to be such; and (3) how statutory provisions addressing it by U.S. trading partners contained in, and relating to, the Bretton Woods Agreements Act and the Exchange Rates and International Economic Policy Coordination Act of 1988 can be better clarified administratively to provide for improved and more predictable evaluation. Authorizes appropriations for the Office of the USTR and for the U.S. International Trade Commission. Requires the Commission to study and report on trade and economic relations between the United States and the PRC. Expresses the sense of Congress that the: (1) United States should strive to expand membership in the Agreement on Government Procurement of the WTO; (2) United States should ensure that the PRC meets its WTO obligations; (3) the United States should seek a commitment from the PRC to maintain its suspension of the implementation of its law on government procurement, pending the conclusion of negotiations to accede to the Agreement; (4) the United States should seek commitments from the PRC and other countries that are not yet members of the Agreement to implement the principles of openness, transparency, fair competition based on merit, nondiscrimination, and accountability in their government procurement as embodied in that Agreement; and (5) the President should direct all appropriate U.S. officials to raise these concerns with appropriate PRC officials and other trading partners.
United States · United States Congress · 13 July 2005
Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts for that fiscal year (except those derived from borrowing) unless Congress, by a three-fifths rollcall vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths rollcall vote of each House to increase the public debt limit. Directs the President to submit a balanced budget to Congress annually. Prohibits any bill to increase revenue from becoming law unless approved by a majority of each House by rollcall vote. Authorizes waivers of these provisions when a declaration of war is in effect or under other specified circumstances involving military conflict.
United States · United States Congress · 12 July 2005
Lifespan Respite Care Act of 2005 - Amends the Public Health Service Act to authorize the Secretary of Health and Human Services to award grants or cooperative agreements to an agency, organization, or political subdivision to: (1) develop lifespan respite care at the state and local level; (2) provide respite care services for family caregivers caring for children or adults; (3) train and recruit respite care workers and volunteers; (4) provide information to caregivers about available respite or support services; and (5) assist caregivers in gaining access to such services. 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. Instructs the Secretary to work cooperatively with existing federal respite program officers to ensure coordination of services for family caregivers. Permits the use of funds for: (1) training programs for family caregivers; (2) other services essential to the provision of respite care; or (3) training and education for new caregivers. Limits grants to five years. Directs the Secretary to award a grant or cooperative agreement to a public or private nonprofit entity to establish the National Resource Center on Lifespan Respite Care to: (1) maintain a national database on lifespan respite care; (2) provide training and technical assistance to state, community, and nonprofit respite care programs; and (3) provide information, referral, and educational programs to the public on lifespan respite care.
United States · United States Congress · 12 July 2005
Patient Safety and Quality Improvement Act - Amends the Public Health Service Act to protect patient safety work product from being subject to certain disclosures, including pursuant to a civil or administrative subpoena. Defines "patient safety work product" to mean a document or communication that: (1) is developed by a provider for the purpose of reporting to a patient safety organization (PSO); (2) is created by a PSO; or (3) would reveal deliberations or analytic process of a patient safety evaluation system. Prohibits: (1) a provider from using the good faith reporting of information to a PSO against an individual in an adverse employment action; or (2) a person from disclosing patient safety work product in violation of this Act if such disclosure constitutes a negligent or knowing breach of confidentiality. Requires the Secretary of Health and Human Services to: (1) provide for the establishment and maintenance of a database to receive relevant nonidentifiable patient safety work product; (2) establish a process for certifying PSOs; and (3) develop or adopt voluntary national standards that promote the interoperability of information technology systems involved with health care delivery. Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary to require manufacturers, packagers, or labelers of any drug or biological product to include a unique product identifier on the packaging of such drug or product. Allows the Secretary to make grants to qualified practitioners for the purpose of establishing electronic prescription programs. Requires the Secretary, acting through the Director of the Agency for Healthcare Research and Quality (AHRQ), to assess the effectiveness of the use of electronic prescription programs. Requires the Secretary to make grants to hospitals and health care providers for acquiring or implementing information technologies.
United States · United States Congress · 30 June 2005
Private Property Rights Protection Act of 2005 - Prohibits a state or political subdivision from using economic development as a reason for exercising its power of eminent domain if federal funds would contribute in any way to: (1) the project for which eminent domain is exercised; or (2) the exercise and enforcement of eminent domain over the project. Renders a state or political subdivision that violations this prohibition ineligible for any such federal funds and directs the federal agency involved to withhold those funds. Prohibits the federal government from using economic development as a reason for exercising eminent domain. Defines "economic development" to mean any activity other than making private property available in substantial part for use by the general public or by an entity that makes the property available for use by the general public, or as a public facility, or to remove harmful effects.
United States · United States Congress · 30 June 2005
Clear Law Enforcement for Criminal Alien Removal Act of 2005 or CLEAR Act of 2005 - States that: (1) state and local law enforcement personnel are fully authorized to investigate, apprehend, or transfer to federal custody aliens in the United States (including interstate transportation of such aliens to detention centers) in order to assist in the enforcement of U.S. immigration laws; and (2) a state that does not have a statute permitting enforcement of federal immigration laws within two years of enactment of this Act shall not receive certain federal incarceration assistance. Amends the Immigration and Nationality Act with respect to illegal aliens to: (1) establish criminal penalties for aliens unlawfully present in the United States; (2) increase specified criminal penalties for illegal entry and failure to depart violations; and (3) expand the scope of, and increase, civil penalties for improper entry or failure to depart. Provides for the listing of immigration violators in the National Crime Information Center database. Encourages states and localities to provide the Department of Homeland Security with specified information about apprehended illegal aliens. Provides federal reimbursement for related State and local costs. (States that such provision shall not require state or local enforcement officials to provide the Department with information related to a victim of a crime or witness to a criminal offense.) Directs the Secretary of Homeland Security to make grants to states and political subdivisions that enforce immigration laws in the course of their routine law enforcement duties for special equipment and facilities related to arresting, detaining, or transporting illegal aliens. Directs the Secretary to: (1) construct or acquire 20 additional detention facilities for aliens detained pending removal (or a decision on removal); and (2) consider the transfer of military installations under base closure laws for such purposes. Amends the Immigration and Nationality Act with respect to illegal aliens apprehended by state or local authorities to provide for: (1) federal custody upon state or local request; and (2) state or local compensation for related incarceration and transportation costs. States with respect to an alien subject to removal that the Attorney General or Secretary shall ensure such alien's detention in an adequate (as defined by this Act) state or local prison, detention center, or other comparable facility prior to his or her removal examination. Directs the Secretary to establish immigration-related training for state and local personnel. Provides: (1) personal liability immunity to the same extent as corresponding federal immunity for state or local personnel enforcing immigration laws within the scope of their duties under this Act; and (2) civil rights money damage immunity for state or local agencies enforcing immigration laws unless their personnel violated criminal law in such enforcement. States that the Department shall continue to operate the institutional removal program (IRP), which shall be expanded to all states. Authorizes state or local detention of an illegal alien after completion of such alien's prison sentence for: (1) up to 14 days to facilitate federal transfer; or (2) until transfer to the U.S. Immigration and Customs Enforcement. Amends the Immigration and Nationality Act to permanently authorize appropriations for the state criminal alien assistance program (SCAAP).
United States · United States Congress · 30 June 2005
Healthy Start Reauthorization Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to consider certain criteria in making grants under the Healthy Start Initiative, including: (1) factors that contribute to infant mortality, such as low birthweight; and (2) the extent to which applicants for grants facilitate a community-based approach to the delivery of services and a comprehensive approach to women's health care to improve perinatal outcomes. Eliminates authority for the Secretary to make additional grants to: (1) assist communities with technical assistance, replication of successful projects, and state policy formation to reduce infant and maternal mortality and morbidity; and (2) conduct and support research and to provide additional health care services for pregnant woman and infants.
United States · United States Congress · 30 June 2005
Constitutional Amendment - Declares that people retain the right to pray and to recognize their religious beliefs, heritage, and traditions on public property, including schools. Prohibits the United States or the states from establishing any official religion or requiring any person to join in prayer or religious activity.
United States · United States Congress · 28 June 2005
New IDEA (Illegal Deduction Elimination Act) - Amends the Internal Revenue Code to disallow a tax deduction for wages paid to or on behalf of an unauthorized alien.
United States · United States Congress · 28 June 2005
Mortgage Insurance Fairness Act of 2005 - Amends the Internal Revenue Code to allow a tax deduction for mortgage insurance premiums. Reduces the amount of such deduction for taxpayers with adjusted gross incomes exeeding $100,000. Authorizes the Secretary of the Treasury to require informational returns from any individual who receives payment of more than $600 in mortgage insurance premiums.
United States · United States Congress · 24 June 2005
Expresses disagreement with the majority opinion in Kelo et al. v. City of New London et al. ( Kelo) and its holdings that effectively negate the public use requirement of the takings clause of the Fifth Amendment to the U.S. Constitution. Expresses the sense of the House of Representatives that state and local governments: (1) should only execute the power of eminent domain for the public good; (2) must always justly compensate affected individuals in accordance with the Fifth Amendment; (3) should never use eminent domain to advantage one private party over another; and (4) should not construe Kelo as justification to abuse the power of eminent domain. Reserves to Congress the right to address through legislation any abuses of eminent domain by state and local government in light of Kelo .
United States · United States Congress · 14 June 2005
Commends the millions of fathers who serve as wonderful, caring parents for their children. Calls on fathers across the nation to use Father’s Day to reconnect and rededicate themselves to their children’s lives, to spend Father’s Day with their children, and to express their love and support for their children. Urges men to understand the level of responsibility fathering a child requires, especially in the encouragement of the moral, academic, and spiritual development of children. Encourages active involvement of fathers in the rearing and development of their children, including the devotion of time, energy, and resources.
United States · United States Congress · 9 June 2005
Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act or PREEMIE Act - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to expand and coordinate NIH research on preterm labor and delivery, infant mortality, and low birthweight infants. Establishes the Maternal-Fetal Medicine Units Network and the Neonatal Research Units Network within NIH. Requires the Director of the Centers for Disease Control and Prevention (CDC) to: (1) expand and coordinate CDC activities on preterm labor and delivery and infant mortality; (2) conduct a study on the relationship between prematurity, birth defects, and developmental disabilities; and (3) review the Pregnancy Risk Assessment Monitoring Survey. Requires the National Institute of Child Health and Human Development's national longitudinal study of environmental influences on children's health and development to consider the impact of assisted reproduction technologies. Requires the Director of NIH to contract with the Institute of Medicine to study the health and economic consequences of preterm birth. Directs the Administrator of the Health Resources and Services Administration (HRSA) to assess certain core performance and outcome measures utilized under the Social Security Act for purposes of expanding such measures to include known risk factors of low birthweight and prematurity. Requires the Secretary of Health and Human Services to: (1) conduct a demonstration project to improve the provision of information on prematurity to health professionals and the public; (2) conduct projects to support the informational and emotional needs of families during the stay of an infant in a neonatal intensive care unit, during the transition of the infant to the home, and in the event of a newborn death; and (3) establish an Interagency Coordinating Council on Prematurity and Low Birthweight.
United States · United States Congress · 8 June 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 2009. Subjects the coin sales to a surcharge of $10 per coin.
United States · United States Congress · 8 June 2005
HIPAA Recreational Injury Technical Correction Act - Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to prohibit a group health plan or health insurance issuer offering group health coverage from denying benefits or coverage otherwise provided under the plan for the treatment of an injury solely because it was sustained while a person was engaged in any particular mode of transportation specified in the plan, consisting of the use of a motorcycle, snowmobile, all-terrain vehicle, or other similar recreational vehicle or horseback riding, unless such mode of transportation or its use was illegal.
United States · United States Congress · 24 May 2005
Expresses support for the goals of : (1) Acadian Heritage Week (third week in September); and (2) A Day of Commemoration of the Great Upheaval (July 28) as established by Queen Elizabeth II's Royal Proclamation in which the sufferings of the Acadian people were acknowledged.
United States · United States Congress · 23 May 2005
Stem Cell Therapeutic and Research Act of 2005 - Requires the Secretary of Health and Human Services to contract with qualified cord blood stem cell banks to assist in the collection and maintenance of human cord blood to be made available for transplantation through the C.W. Bill Young Cell Transplantation Program. Requires the Secretary to require that recipients of such contracts: (1) acquire and store donated units of human cord blood acquired with the informed consent of the donor in a manner that complies with applicable Federal and State regulations; and (2) make collected cord blood units available for stem cell transplantation or, if not appropriate for clinical use, available for peer-reviewed research. Amends the Public Health Service Act to require the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to establish and maintain the Program to increase the number of transplants for recipients suitably matched to biologically unrelated donors of bone marrow and cord blood. Requires the Secretary to establish an Advisory Council to advise the Secretary on matters related to Program activities. Requires the Program to: (1) operate a system for identifying, matching, and facilitating the distribution of donated cord blood units; (2) allow transplant physicians, health care professionals, and patients to search by electronic means for available cord blood units; (3) support studies and demonstration and outreach projects for the purpose of increasing cord blood donation to ensure a genetically diverse collection of cord blood units; and (4) carry out information and educational activities for the purpose of increasing cord blood donation and promoting the availability of cord blood units as a transplant option. Requires the Secretary to establish and maintain a scientific database of outcome information relating to patients who have been recipients of stem cell therapeutics product from a biologically unrelated donor (replacing provisions establishing a bone marrow scientific registry).
United States · United States Congress · 18 May 2005
Enumerated Powers Act - Requires each Act of Congress to contain a concise and definite statement of the constitutional authority relied upon for the enactment of each portion of that Act. Declares that failure to comply with this requirement shall give rise to a point of order in either House of Congress.
United States · United States Congress · 17 May 2005
Pledge Protection Act of 2005 - Amends the Federal judicial code to deny jurisdiction to any Federal court, and appellate jurisdiction to the Supreme Court, to hear or decide any question pertaining to the interpretation of the Pledge of Allegiance or its validity under the Constitution. Makes this limitation inapplicable to: (1) any court established by Congress under its power to make needful rules and regulations respecting the territory of the United States; or (2) the Superior Court of the District of Columbia or the District of Columbia Court of Appeals.
United States · United States Congress · 11 May 2005
Family Budget Protection Act of 2005 - Amends the Congressional Budget Act of 1974 to eliminate the May 15 deadline for consideration of annual appropriations measures. Requires annual joint (currently, concurrent) budget resolutions signed by the President. Provides for an amendment to change the statutory limit on the public debt. Requires consideration of budget-related legislation before the budget resolution becomes law. Provides expedited procedures for presidential vetoes of joint budget resolutions. Provides for establishment of a reserve fund for emergencies. Requires: (1) biennial (currently, annual) budget resolutions; (2) biennial appropriations Acts; and (3) biennial government strategic and performance plans. Provides spending caps on the growth of entitlements and mandatory budget outlays. Excludes from such limitation until FY2008 direct spending programs and direct spending under part D (relating to the Voluntary Prescription Drug Benefit Program) of title XVIII (Health Insurance for the Aged and Disabled) under the Social Security Act (SSA) or spending under part C of such title (relating to the Medicare+Choice Program) that is attributable to such part D. Exempts benefits payable under title II (Old Age, Survivors and Disability Insurance) of SSA, Tier 1 railroad retirement benefits, and benefits payable under part A of title XVIII (relating to Hospital Insurance Benefits for the Aged and Disabled) of SSA and part C of such title (relating to the Medicare+Choice program) from required reductions under the Balanced Budget and Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), along with specified government accounts and activities. Provides other exceptions, limitations, and special rules with respect to sequestration exemptions. Directs the Chairman of the House and Senate Committees on the Budget each to maintain a Budget Protection Mandatory Account and a Budget Protection Discretionary Account. Amends the Congressional Budget Act of 1974 to require: (1) an analysis of long-term unfunded obligations in the President's budget submission; and (2) long-term unfunded obligation analyses by the Congressional Budget Office (CBO). Makes it out of order to consider legislation, if upon enactment, it would increase the long-term unfunded obligation of the Old Age, Survivors and Disability Insurance (OASDI) as defined in the CBA. Freezes at current levels spending authority for each unearned entitlement and high-cost discretionary spending program unless such spending authority is reauthorized after the enactment of this Act. Establishes the Commission to Eliminate Waste, Fraud, and Abuse. Provides for accrual funding of the: (1) Civil Service Retirement and Disability Fund; (2) Central Intelligence Agency Retirement and Disability System; and (3) Foreign Service Retirement and Disability System. Establishes in the Treasury: (1) the Public Health Service Commissioned Corps Retirement Fund; (2) the National Oceanic and Atmospheric Administration Commissioned Officer Corps Retirement Fund; and (3) the Coast Guard Military Retirement Fund. Changes the name of the Department of Defense Medicare-Eligible Retiree Health Care Fund to Uniformed Services Health Care Fund (thus, providing health care programs for all uniformed service retirees, under certain conditions). (Currently, such programs are for Department of Defense Medicare-eligible beneficiaries.) Decreases the limit on the public debt from $6.4 trillion to $4.393 trillion. Repeals rule XXVII of the House of Representatives (the Gephardt Rule, relating to mandatory adjustment of the statutory limit on the public debt to conform to a budget resolution). Prohibits consideration of extraneous appropriations in omnibus appropriations measures.
United States · United States Congress · 11 May 2005
Medicare Osteoporosis Measurement Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide for coverage of bone mass measurements for all individuals at clinical risk for osteoporosis.
United States · United States Congress · 10 May 2005
Medical Laboratory Services Access Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act with respect to fee schedules for clinical diagnostic laboratory tests and the Medicare laboratory specimen collection fee. Sets such fee at $5.78 for 2006, and the same adjusted for inflation in subsequent years, to cover the appropriate cost of collecting the sample on which a clinical diagnostic laboratory test was performed and for which payment is made.
United States · United States Congress · 4 May 2005
Veterans' Heritage Firearms Act of 2005 - Provides a 90-day amnesty period during which veterans and their family members can register in the National Firearms Registration and Transfer Record any firearm acquired before October 31, 1968, by a veteran while a member of the armed forces stationed outside the continental United States. Grants such an individual limited immunity under the Federal criminal code and the Internal Revenue Code with respect to the acquisition, possession, transportation, or alteration of such firearm before or concurrent with such registration. Extends such immunity to a veteran who attempts to register a qualifying firearm outside of the amnesty period if the veteran surrenders the firearm within 30 days after being notified of potential criminal liability for continued possession. Requires the Attorney General to: (1) transfer each firearm qualifying as a curio or relic which has been forfeited to the United States to the first qualified museum that requests it; and (2) publish information identifying each such firearm which is available to be transferred to a museum. Prohibits the Attorney General from destroying any such firearm which has been forfeited until five years after the forfeiture. Requires that any firearm transferred to a qualified museum be registered to the transferee. Makes a prohibition against transfer or possession of a machine-gun inapplicable to a transfer to or by, or possession by, a museum which is open to the public and incorporated as a not-for-profit corporation under applicable State law.
United States · United States Congress · 4 May 2005
Securing Access, Value, and Equality in Health Care Act - Amends the Internal Revenue Code to: (1) allow individual taxpayers a refundable tax credit for health insurance costs paid for the benefit of the taxpayer, the taxpayer's spouse, and dependents; (2) require business taxpayers who receive payments for certain employee health insurance coverage to file informational returns; and (3) direct the Secretary of the Treasury to make advance payments of health insurance tax credit amounts to health insurance providers.
United States · United States Congress · 4 May 2005
Thanks John R. Bolton, President George W. Bush's nominee to serve as United States Ambassador to the United Nations, for his long-standing history of confronting corruption at the United Nations (UN). Urges him to continue his hard work and dedication to the implementation of measures that will restore the UN's credibility.
United States · United States Congress · 4 May 2005
Condemns the attacks on U.S. citizens by Palestinian terrorists and demands that the Palestinian Authority (PA) work with Israel to protect all innocent individuals, regardless of citizenship, from terrorist atrocities. Offers condolences to the families of U.S. citizens killed by Palestinian terrorist attacks.
United States · United States Congress · 3 May 2005
Motor Vehicle Owners' Right to Repair Act of 2005 - Requires a manufacturer of a motor vehicle sold or introduced into commerce in the United States to disclose to the vehicle owner or to a repair facility of the motor vehicle owner's choosing the information necessary to diagnose, service, or repair the vehicle. Sets forth protections for trade secrets. Instructs the Federal Trade Commission (FTC) to prescribe a uniform methodology for manufacturer disclosure in writing and on the Internet. Prohibits the FTC from prescribing rules that interfere with the authority of the Administrator of the Environmental Protection Agency (EPA) regarding motor vehicle emissions control diagnostics systems. States that manufacturer noncompliance with this Act constitutes an unfair method of competition and an unfair or deceptive act or practice affecting commerce within the purview of the Federal Trade Commission Act.
United States · United States Congress · 3 May 2005
Comprehensive Immunosuppressive Drug Coverage for Transplant Patients Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance)(OASDI) of the Social Security Act (SSA) to eliminate the time limitations for coverage of immunosuppressive drugs for individuals who receive a kidney transplant or other organ transplant. Amends title XVIII (Medicare ) of SSA to apply special rules to individuals receiving additional coverage for immunosuppressive drugs, including: (1) that such individual is deemed to be enrolled under Medicare part B for purposes of receiving such coverage; (2) that such individual is responsible for the full amount of the applicable premiums; and (3) that deductible and coinsurance amounts apply. Requires the Secretary of Health and Human Services to establish procedures for implementing such coverage. Extends Medicare secondary payer requirements for end stage renal disease beneficiaries. Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to require a group health plan or issuer to provide coverage of immunosuppressive drugs that is at least as comprehensive as coverage provided on the date of enactment of this Act.
United States · United States Congress · 28 April 2005
San Francisco Old Mint Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 100,000 $5 gold coins and 500,000 $1 silver coins emblematic of the San Francisco Old Mint Building, its importance to California and U.S. history, and its role in rebuilding San Francisco after the 1906 earthquake and fire. Requires that all surcharges received by the Secretary from such coin sales be promptly paid to the San Francisco Museum and Historical Society for purposes of rehabilitating the Historic Old Mint in San Francisco as a city museum and an American Coin and Gold Rush Museum.
United States · United States Congress · 28 April 2005
Asbestos Compensation Fairness Act of 2005 - Requires as an essential element of a nonmalignant asbestos or silica claim that there be physical impairment to which asbestos or silica exposure was a substantial contributing factor. Sets forth evidentiary requirements for a prima facie showing of: (1) physical impairment for nonmalignant asbestos or silica claims; (2) asbestos- or silica-related lung cancer; (3) asbestos-related other cancer; and (4) asbestos claims based upon mesothelioma. Requires evidence relating to physical impairment to comply with the AMA Guides to the Evaluation of Permanent Impairment. States that presentation of prima facie evidence meeting the foregoing requirements (excluding evidentiary requirements for mesothelioma) shall not: (1) result in a presumption of impairment at trial; (2) be conclusive as to any defendant's liability; and (3) be admissible at trial. Addresses claim consolidation, Federal jurisdiction and venue, preliminary proceedings, and the plaintiff's burden of proof. Delineates the statute of limitations for asbestos- and silica-related claims. States that an asbestos or silica claim arising out of a nonmalignant condition shall be a distinct cause of action from such a claim relating to the same exposed person arising out of asbestos- or silica-related cancer. Prohibits damage awards for fear or risk of cancer in civil actiosn premised on asbestos or silica claims. Specifies the scope of liability and damages for civil actions under this Act, providing that: (1) a defendant shall be liable only for that portion of a judgment for which the defendant is responsible; and (2) no punitive damages may be awarded. Establishes a cap for damages relating to noneconomic losses. Requires plaintiffs to disclose collateral source payments based upon the same claim at the time of filing suit. Reduces the amount of an award otherwise available by the amount of such collateral compensation. Sets forth liability rules applicable to product sellers, renters, lessors, and premises owners. Makes this Act applicable to any civil action asserting an asbestos or silica claim in which final judgment has not been entered as of the date of enactment.
United States · United States Congress · 27 April 2005
Volunteer Pilot Organization Protection Act of 2005 - Amends the Volunteer Protection Act of 1997 to exempt from liability a nonprofit volunteer pilot organization that flies for public benefit, its staff members, and its volunteers for harm caused by a volunteer while flying, in furtherance of the purpose of the organization, an aircraft for which the volunteer was properly licensed and insured. Directs the Attorney General to study and report to Congress on the availability of insurance to nonprofit volunteer pilot organizations that fly for public benefit.
![Official portrait of Rep. Burgess, Michael C. [R-TX-26]](https://www.congress.gov/img/member/b001248_200.jpg)