United States · United States Congress · 1 November 2005
Amends the Trade Act of 1974 to create in the Office of the U.S. Trade Representative (USTR) the position of Chief Trade Prosecutor (CTP) to ensure that U.S. trading partners comply with trade agreements to which the United States is a party. Requires the CTP to assist the USTR in: (1) investigating and prosecuting disputes before the World Trade Organization (WTO) and pursuant to other trade agreements to which the United States is a party; and (2) carrying out USTR functions under the Act. Require the CTP to: (1) make recommendations with respect to administration of U.S. trade laws relating to foreign government barriers to U.S. goods, services, intellectual property, and other trade matters; and (4) perform such other functions as the USTR may direct.
United States · United States Congress · 27 October 2005
Health Information Technology Promotion Act of 2005 - Amends the Public Health Service Act to add a new title II part D (Health Information Technology). Establishes within the Department of Health and Human Services an Office of the National Coordinator for Health Information Technology. Directs the National Coordinator to: (1) maintain, direct, and oversee the continuous improvement of a strategic plan to guide the nationwide implementation of interoperable health information in both the public and private health care sectors; and (2) serve as the coordinator of federal government activities relating to health information technology. Prescribes conditions under which any nonmonetary remuneration (in the form of health information technology and related training services) made by a hospital or a critical access hospital to a physician shall not be considered a prohibited payment (subject to civil and criminal penalties) made as an inducement to reduce or limit services to certain individuals. Directs the Secretary of Health and Human Services to study and report to Congress on whether pertinent state laws and current federal standards should be conformed to create a single set of national standards to preserve and protect the security and confidentality of patient health information. Amends SSA title XI to provide for establishment of uniform confidentality and security standards with respect to individually identifiiable patient health information. Directs the Secretary to: (1) promulgate a final rule for upgrading specified Accredited Standards Committee X12 (ASC X12) and National Council For Prescription Drug Programs (NCPDP) Telecommunications standards and International Statistical Classification of Diseases and Related Health Problems, 9th revision, Clinical Modification (ICD-9-CM) codes; and (2) develop a strategic plan related to the need for coordination in the area of health information technology.
United States · United States Congress · 27 October 2005
National Uniformity for Food Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to prohibit any state or political subdivision from establishing or continuing in effect for any food in interstate commerce: (1) any requirement that is not identical to specified FFDCA provisions (that would result in materially different requirements), including those related to adulterated foods, unsafe food additives, and new animal drugs; or (2) any notification requirement that provides for a warning concerning the food's safety that is not identical to FFDCA provisions. Allows a state to petition for an exemption or to establish a national standard regarding any requirement under FFDCA or the Fair Packaging and Labeling Act relating to food regulation. Allows the Secretary of Health and Human Service to provide such an exemption if the requirement: (1) protects an important public interest that would otherwise be unprotected; (2) would not cause any food to be in violation of any federal law; and (3) would not unduly burden interstate commerce. Allows a state to establish a requirement that would otherwise violate FFDCA provisions relating to national uniform nutrition labeling or this Act if the requirement is needed to address an imminent hazard to health that is likely to result in serious adverse health consequences and if other requirements are met. Declares that this Act does not preempt certain state and local laws relating to labeling or a consumer advisory relating to food sanitation imposed on a food establishment or recommended by the Secretary.
United States · United States Congress · 25 October 2005
Private Property Rights Protection Act of 2005 - Prohibits any state or political subdivision from exercising its power of eminent domain for economic development if that state or political subdivision receives federal economic development funds during the fiscal year. Makes a state or political subdivision that violates such prohibition ineligible for any such funds for two fiscal years. Prohibits the federal government from exercising its power of eminent domain for economic development. Establishes a private cause of action for any private property owner who suffers injury as a result of a violation of this Act. Sets the statute of limitation for such an action at seven years. Allows the prevailing plaintiff's attorney to obtain reasonable attorney's fees and expert fees. Requires the Attorney General to: (1) compile a list of the federal laws under which federal economic development funds are distributed; (2) provide to each state and publish on a Department of Justice website the text of this Act, a description of the rights of property owners under this Act, and the compiled list of relevant federal laws; and (3) publish such text and description in the Federal Register. Requires the Attorney General to submit an annual report to the Chairman and Ranking Member of the appropriate congressional committees identifying states or political subdivisions that have used eminent domain in violation of this Act.
United States · United States Congress · 18 October 2005
Condemns the July 2004 murder of American journalist Paul Klebnikov in Moscow and the murders of other members of the media in the Russian Federation. Urges the government of Russia to: (1) continue its inquiries into Mr. Klebnikov's murder; and (2) take appropriate action to protect the independence and freedom of the Russian media and all visiting members of the media. Commends journalists working and living in Russia for their dedication to transparency and the truth.
United States · United States Congress · 7 October 2005
Amends certain federal law, which prohibits states from taxing the retirement income of nonresidents, to specify retirement plans, programs, or arrangements for self-employed individuals among those which may be exempt from state taxation if the individuals are nonresidents of that state. Provides that certain adjustments of a plan's benefits will not cause its periodic payments to fail the test of being substantially equal.
United States · United States Congress · 28 September 2005
Hurricane Relief Bonds Act of 2005 - Amends federal money and finance law to authorize the Secretary of the Treasury to designate one or more series of savings bonds or certificates issued as Hurricane Relief Bonds in response to Hurricanes Katrina and Rita in 2005 and the subsequent flooding and displacement of residents along the Gulf Coast.
United States · United States Congress · 22 September 2005
Methamphetamine Epidemic Elimination Act - Amends the Controlled Substances Act (CSA) to: (1) reduce the retail sales threshold for the sale of products containing pseudoephedrine or phenylpropanolamine from nine grams to 3.6 grams in a single transaction; (2) eliminate the "regulated transaction" exemption for any over-the-counter sale of such products (including blister packs) by retail distributors; (3) grant authority to establish production quotas for pseudoephedrine or phenylpropanolamine; and (4) penalize violators of such quotas. Amends the Controlled Substances Import and Export Act (CSIEA) to: (1) restrict the importation of ephedrine, pseudoephedrine, or phenylpropanolamine, with an exception; and (2) require a registered person importing such chemicals to include all information known regarding the chain of distribution. Authorizes the Attorney General to prohibit the importation of such chemicals in cases where a distributor refuses to provide such information. Amends the Foreign Assistance Act of 1961 to: (1) require the President, annually, to identify the countries that are the five largest exporters of methamphetamine precursor chemicals and the five largest importers with the highest rate of diversion of such chemicals to the illicit production of methamphetamine; and (2) include those countries among drug-producing or drug-transit countries from which foreign assistance funds may be withheld. Directs the Secretary of State to: (1) submit to Congress a comprehensive plan to address such diversion; and (2) take steps to prevent methamphetamine smuggling into the United States from Mexico. Amends CSA to lower the threshold for amounts of methamphetamine the manufacture, distribution, dispensation, possession, importation, or exportation of which is subject to specified penalties. Directs the Secretary of Transportation and the Administrator of the Environmental Protection Agency (EPA) to designate as hazardous materials or hazardous waste specified byproducts of the methamphetamine production process. Expands the scope of provisions regarding restitution for the cleanup of clandestine laboratory sites.
United States · United States Congress · 22 September 2005
Access to Emergency Medical Services Act of 2005 - Amends the Public Health Service Act to deem hospitals, emergency rooms, physicians, and physicians groups that provide emergency care to uninsured individuals to be employees of the Public Health Service for purposes of any civil action that may arise due to items and services furnished. Requires the Attorney General to make separate estimates as to the cost of claims expected to arise under this Act and to establish separate funds for such claims. Requires the Secretary of Health and Human Services to limit the total amount of payments under this Act to the amounts appropriated in advance for such purposes. Amends title XVIII (Medicare) of the Social Security Act to provide additional payments from the Federal Supplementary Insurance Trust Fund for physicians' services in the emergency department of a hospital or critical access hospital to a Medicare recipient. Provides for incentive payments to hospitals that certify to the Secretary that they meet established standards for prompt admission by a hospital of individuals presenting to the emergency department that need inpatient hospital services. Requires the Comptroller General to submit to the relevant congressional committees a report that evaluates whether such standards will achieve the stated objectives and recommends any changes. Sets forth civil monetary penalties for filing a false certification and engaging in a pattern or practice of failing to meet established standards.
United States · United States Congress · 7 September 2005
Amends the Internal Revenue Code to: (1) increase from 50 to 100 percent the cost percentage of qualified refinery property eligible for expensing; and (2) extend until January 1, 2015, the placed-in-service requirement for such property.
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
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 · 29 July 2005
National Health Museum Act of 2005 - Directs the Administrator of General Services to convey specified property in the District of Columbia as a site for a national health museum, under an agreement with the National Health Museum, Inc., including certain terms and conditions. Sets forth related requirements regarding environmental matters, incidental costs, and land use approvals.
United States · United States Congress · 28 July 2005
Michigan Lighthouse and Maritime Heritage Act - Directs the Secretary of the Interior, acting through the National Park Service Midwest Regional Office, to study and report on Michigan maritime heritage resource preservation and interpretation, including: (1) potential economic and tourism benefits of preservation of these resources; (2) suitable and feasible options for long-term protection of these resources; (3) the manner in which the public can best learn about and experience these resources; and (4) ways of linking national, State, and regional and local areas and sites into a Michigan Maritime Heritage Destination Network.
United States · United States Congress · 28 July 2005
Amends the Internal Revenue Code to permit taxpayers in chapter 11 bankruptcy proceedings initiated before July 28, 2005, who have asbestos-related liabilities exceeding $250 million, to elect not to reduce their net operating losses by amounts discharged in such proceedings.
United States · United States Congress · 26 July 2005
Medicare and Medicaid Nursing Facility Quality Improvement Act of 2005 - Amends titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act (SSA) to revise the federal survey and certification process for skilled nursing facilities. Revises requirements for nurse aide training and competency evaluation programs. Authorizes the Secretary of Health and Human Services to disapprove such programs offered by a facility. Authorizes the Secretary to: (1) waive certain requirements for the skilled nursing survey and certification process in order to test and implement innovative alternatives to the otherwise applicable survey process; and (2) continue payments for up to one year, in certain circumstances, pending remediation, to a nursing facility that no longer meets the specified requirements. Requires each state to establish an informal and independent dispute resolution process to allow facilities to settle disputes involving compliance with nursing facility requirements. Directs the Secretary to provide incentives for operators with histories of good compliance to acquire facilities with poor compliance histories. Permits nursing facilities to appeal deficiency determinations. Requires the State to establish a process for joint training and education of surveyors and providers at least annually and periodically as changes to regulations, guidelines, and policy governing nursing facility operations are implemented and used in surveys of participating facilities. Directs the Secretary to require the state to establish a process for facility-based training for new surveyors.
United States · United States Congress · 20 July 2005
Designates the facility of the United States Postal Service located at 6483 Lincoln Street in Gagetown, Michigan, as the "Gagetown Veterans Memorial Post Office."
United States · United States Congress · 20 July 2005
South Caucasus Integration and Open Railroads Act of 2005 - Prohibits U.S. assistance to develop or promote rail connections or railway-related connections that do not traverse or connect with Armenia, and do traverse or connect Baku, Azerbaijan; Tbilisi, Georgia; and Kars, Turkey.
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 · 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
Fire Protection Improvement and Correction Act of 2005 - Directs the Secretary of Labor to update an Occupational Safety and Health Administration fire protection safety standard to incorporate the current consensus standard of the National Fire Protection Association for fire protection for styrene cross-linked composites manufacturing.
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
Video Choice Act of 2005 - Amends the Communications Act of 1934 to prohibit a competitive video services provider (CVSP) from being required to obtain a franchise in order to provide any video programming, interactive on-demand services, other programming services, or any other video services in an area in which the CVSP has any right or authority to establish lines in or across public rights-of-way and such right or authority does not rely on, and is independent of, any cable franchise obtained by the CVSP. Allows the CVSP to be subject to the payment of fees (with limits) to a local franchising authority based on the gross revenue of the CVSP in that area. Provides for the regulatory treatment of CVSPs.
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 · 20 June 2005
Teacher Tax Relief Act of 2005 - Amends the Internal Revenue Code to: (1) increase the allowable tax deduction for the expenses of elementary and secondary school teachers to $400; (2) allow the deduction of professional development expenses; and (3) make such deduction permanent.
United States · United States Congress · 17 June 2005
Parental Notification and Intervention Act of 2005 - Prohibits any person or organization from performing, permitting facilities to be used to perform, or assisting in the performance of an abortion on an unemancipated minor unless: (1) written notification is provided to the parents of the minor informing the parents that an abortion has been requested, unless there is clear and convincing evidence of physical abuse of the minor by the parent; (2) there is compliance with a 96-hour waiting period after notice has been received by the parents; and (3) there is compliance with the judicial intervention process. Prescribes penalties of not more than a $1 million fine and/or imprisonment for not more than 10 years for violating such prohibition. Provides for an exception where a physician without principal responsibility for making the decision to perform the abortion determines that: (1) a medical emergency exists due to a grave, physical disorder or disease that would cause the minor's death if an abortion is not performed; (2) parental notification is not possible as a result of the emergency; and (3) certifications regarding compliance with such rules and the reasons upon which such determinations are based have been entered in the minor's medical records. Requires parental notification through certified mail or personal delivery. Authorizes a notified parent to bring an action in federal court which shall enjoin the abortion: (1) until the court's judgment is final; or (2) permanently unless the court determines that granting such relief would be unlawful.
United States · United States Congress · 17 June 2005
Federal Prison Industries Competition in Contracting Act of 2005 - Amends the federal criminal code to replace provisions regarding the purchase of prison-made products by federal departments with provisions establishing a government-wide procurement policy relating to purchases from Federal Prison Industries (FPI), which shall generally require the use of competitive procedures. Authorizes a contract award to be made to FPI using other than competitive procedures: (1) if a product or service is only available from FPI; and (2) by the Federal Bureau of Prisons (the Bureau). Requires that an analysis of the probable impact of a proposed expansion of sales within the federal market by FPI on private sector firms and their non-inmate workers be made whenever FPI proposes to authorize the sale of a new specific product or service or to expand production of a current product or service. Prohibits the total dollar value of FPI sales to the government in FY 2007 through 2011 from exceeding specified percentages of FPI sales for the base period. Amends the Federal Property and Administrative Services Act of 1949 to require an executive agency: (1) before purchasing a product listed in the latest edition of the FPI catalog, to determine whether the FPI product is comparable to products available from the private sector; and (2) if such product is not comparable, to use competitive procedures or make an individual purchase under a multiple award. Authorizes FPI to enter into a contract with a federal contractor to produce products as a subcontractor or supplier in the performance of a federal procurement contract. Includes services within the scope of a prohibition against transporting (in interstate commerce or from a foreign country) goods produced by prisoners. Establishes within the Bureau of Prisons: (1) the Enhanced In-Prison Educational and Vocational Assessment and Training Program; and (2) the Cognitive Abilities Assessment Demonstration Program. Directs: (1) the Chief Operating Officer of FPI to develop proposals to have FPI donate products and services to eligible entities that provide goods or services to low-income individuals who would likely otherwise have difficulty purchasing such products or services; (2) the Director of the Bureau to afford to inmates opportunities to participate in programs and activities designed to help prepare such inmates to obtain employment upon release; and (3) the Comptroller General to undertake to have an independent study conducted on the effects of eliminating FPI's mandatory source authority.
United States · United States Congress · 13 June 2005
Louis Braille Bicentennial--Braille Literacy Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 coins emblematic of the life and legacy of Louis Braille, whose design: (1) on the obverse shall bear a representation of the image of Louis Braille; and (2) on the reverse shall emphasize Braille literacy and include the word for Braille in Braille code. Authorizes the Secretary to issue such coins only during 2009. Subjects all coin sales to a surcharge of $10 per coin. Requires all surcharges to be promptly paid by the Secretary to the the National Federation of the Blind to further its programs to promote Braille literacy.
United States · United States Congress · 9 June 2005
Constitutional Amendment - Requires Representatives to be apportioned among the several States according to their respective numbers, which shall be determined by counting the number of persons in each State who are U.S. citizens.
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
ADA Notification Act - Amends the Americans with Disabilities Act of 1990 to deny jurisdiction to a court in a civil action for remedies for disability discrimination unless: (1) the plaintiff notified the defendant in writing of the alleged violations prior to filing the complaint; (2) the notice identified the specific facts that constitute the alleged violation; (3) 90 or more days has elapsed after the date on which the notice was provided; (4) the notice informed the defendant that the civil action could not be commenced for 90 days; and (5) the complaint states that the defendant has not corrected the alleged violation. Excludes civil actions seeking preliminary injunctive relief or temporary restraining orders from such notification requirements.
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 · 26 May 2005
Right to Fly Act - Amends the International Air Transportation Competition Act of 1979 to repeal the restriction to certain charter, commuter, and flights to contiguous states of air transportation for compensation or hire between Love Field, Texas, and one or more points outside the State of Texas.
United States · United States Congress · 19 May 2005
International Solid Waste Importation and Management Act of 2005 - Amends the Solid Waste Disposal Act to authorize states to enact laws restricting the receipt and disposal of foreign municipal solid waste within their borders until the Administrator of the Environmental Protection Agency (EPA) issues regulations implementing and enforcing the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada (Agreement). Defines the authority of the Administrator with respect to the importation and exportation of municipal solid waste under the Agreement. Requires the Administrator to give substantial weight to the views of affected states and local governments before consenting to the importation of foreign municipal solid waste into the United States under the Agreement, and to consider the impact of such importation on: (1) the continued public support for state and local recycling programs; (2) landfill capacities; (3) air emissions and road deterioration from increased vehicular traffic; and (4) homeland security, public health, and the environment. Authorizes the Administrator to assess civil penalties for any past or current violations of this Act or to commence a civil action in the U.S. district court.
United States · United States Congress · 19 May 2005
Amends the Internal Revenue Code to extend through December 31, 2010, the income tax credit for biodiesel used as fuel and the excise credits for biodiesel mixtures and biodiesel used to produce biodiesel mixtures.
United States · United States Congress · 18 May 2005
Economic Development Act of 2005 - Authorizes any State to provide to any person for economic development purposes tax incentives that otherwise would be the cause of discrimination against interstate commerce under the Commerce Clause of the Constitution. Makes exceptions for any incentive that: (1) is dependent upon State or country of incorporation, commercial domicile, or residence of an individual; (2) requires the recipient to acquire, lease, license, use, or provide services to property created in the State; (3) is reduced or eliminated as a result of an increase in out-of-State activity by the recipient or other person or as a result of such other person not having a taxable presence in the State; (4) results in loss of a compensating tax system, because the tax on interstate commerce exceeds the tax on intrastate commerce; (5) requires that other taxing jurisdictions offer reciprocal tax benefits; or (6) requires that a tax incentive earned with respect to one tax can only be used to reduce a tax burden for, or provide a tax benefit against any other tax that is not imposed on, apportioned interstate activities.
United States · United States Congress · 18 May 2005
Commission on the Accountability and Review of Federal Agencies Act - Establishes the Commission on the Accountability and Review of Federal Agencies to: (1) evaluate executive agencies and their programs; and (2) submit to Congress a plan recommending agencies and programs that should be realigned or eliminated and proposing implementing legislation. Directs the President to: (1) establish a systematic method for assessing the effectiveness and accountability of agency programs; and (2) submit to the Commission assessments of not less than half of the programs that use such method. Prohibits the implementation of such method until it has been reviewed and accepted by the Commission. Requires the Commission to consider submitted assessments in evaluating programs. Requires the President to identify common performance measures for programs having similar functions and provide the Commission with data on such measures.
United States · United States Congress · 17 May 2005
College 529 Invest in Education Savings for Tomorrow Act of 2005 - Makes permanent the provisions relating to qualified tuition programs enacted by the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA).
United States · United States Congress · 12 May 2005
Children's Access to Vision Act of 2005 - Authorizes the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to make grants to states for providing: (1) comprehensive eye examinations for children, with priority given to children under nine years old; (2) subsequent vision treatment or services to correct vision problems; and (3) educational materials to parents, teachers, and health care practitioners on recognizing signs of visual impairment in children. Directs the Secretary to: (1) develop criteria to collect data related to vision assessment and the utilization of follow-up services; and (2) coordinate the grant program with appropriate federal and state child services programs. Requires states to annually submit to the Secretary a program evaluation.
United States · United States Congress · 12 May 2005
Credit Union Regulatory Improvements Act of 2005 - Amends the Federal Credit Union Act to reduce the minimum net worth ratio requirements of well-capitalized, adequately capitalized, under capitalized, and significantly undercapitalized credit unions. Sets the minimum risk-based net ratio at 8%. Revises the requirement that the National Credit Union Administration Board design the risk-based net worth standard to take account of any material risks to insured credit unions. Requires the standard to be designed in relation to risk assets, and to be based on comparable standards for taking into account material risks to insured depository institutions under the Federal Deposit Insurance Act that are applicable to credit unions. Revises definitions relating to net worth of credit unions. Cites circumstances in which the Board may waive the requirement that an undercapitalized credit union submit an acceptable net worth restoration plan. Revamps guidelines governing limits and restrictions on member business loans. Authorizes credit unions to lease to any business enterprise separate and clearly distinct space in buildings in credit union offices in underserved areas. Permits a credit union to invest securities for its own account. Increases from 12 to 15 years the term of credit union loans. Increases from 1% to 3% the investment limit in credit union service organizations. Permits credit unions to offer check cashing and money transfer services to persons within the field of membership (instead of, as currently, to members only). Extends to voluntary mergers on or after August 7, 1998, involving multiple common-bond credit unions the exemption from the numerical limit (only a group with fewer than 3,000 members) for eligibility for inclusion in the field of membership category of such a credit union. Requires the Board to prescribe criteria for continued membership of certain member groups in the case of conversions of certain credit unions to a community charter. Amends the Securities Exchange Act of 1934 and the Investment Advisers Act of 1940 to treat credit unions as banks which shall not be considered brokers or dealers because the credit unions engage in certain broker- or dealer-related activities.
United States · United States Congress · 11 May 2005
COLI Best Practices Act of 2005 - Amends the Internal Revenue Code to limit the tax exclusion for benefits paid by employer-owned life insurance contracts upon the death of an insured employee, with certain exceptions for directors and highly compensated employees and for proceeds paid to the heirs of an insured employee. Requires employers to provide written notice to employees of intent to insure their lives and obtain written consent from such employees to being insured under a company-owned life insurance contract. Imposes certain reporting and recordkeeping requirements for employer-owned life insurance contracts.
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
Expresses the sense of the House of Representatives that: (1) Syria should complete its withdrawal of all remaining intelligence and security forces from Lebanon in accordance with United Nations (UN) Security Council Resolution 1559; (2) Lebanon should hold free elections in May 2005; and (3) the United States should aid the Lebanese people to restore the rule of law. States that it should be U.S. policy to: (1) support free elections in Lebanon by encouraging international election assistance; (2) urge the development of democratic institutions to foster sovereign democratic rule in Lebanon; and (3) call for the immediate release of all political prisoners and detainees held in Lebanese and Syrian prisons.
United States · United States Congress · 10 May 2005
Cameron Gulbransen Kids and Cars Safety Act of 2005 - Directs the Secretary of Transportation to issue regulations for all light passenger vehicles to: (1) require that power windows and panels automatically reverse direction when they detect an obstruction to prevent children from being trapped, injured, or killed; (2) require a system of driver notification or a reminder system once the ignition switch is in the off position if passengers remain in any of the rear seating positions of the vehicle; and (3) require a rearward visibility performance standard to prevent backing incidents. Requires the Secretary to: (1) establish a database of, and collect data on, injuries and deaths in nontraffic, noncrash events involving motor vehicles; and (2) either supplement a consumer information program on child safety or create a new program with information about hazards to children in nontraffic, noncrash incident situations.
United States · United States Congress · 5 May 2005
Healthcare Enhancement for Local Public Safety Retirees Act of 2005 or the HELPS Retirees Act of 2005 - Amends the Internal Revenue Code to allow retired public safety officers to elect an annual exclusion from gross income up to $5,000 for distributions from governmental retirement plans for the payment of accident or health insurance or long-term care insurance.