United States · United States Congress · 1 May 2006
Communications Opportunity, Promotion, and Enhancement Act of 2006 - Amends the Communications Act of 1934 to allow an eligible person or group to obtain a national franchise to provide cable service in a franchise area in lieu of any other authority under federal, state, or local law. Requires: (1) the filing of a franchise certification with the Federal Communications Commission (FCC); and (2) cable operators with a national franchise to provide a specified minimum of channel capacity for public, educational, and governmental use, and to meet certain other requirements. Provides for FCC enforcement of franchising requirements. Requires an annual FCC report on the deployment of cable service, including deployment by new cable operators. Empowers the FCC to enforce its broadband policy statement and principles. Requires an FCC study regarding whether such statement and principles are being achieved. Requires each VOIP (voice over Internet protocol) service provider to ensure that 911 and E-911 services are provided to subscribers of VOIP services. Outlines rights and obligations of VOIP service providers. Allows the municipal provision of cable services, requiring competition neutrality among all providers in an area. Prohibits a broadband service provider from requiring a subscriber, as a condition for such service, to purchase any cable, telecommunications, or VOIP service offered by the provider. Directs the FCC to further the development of seamless mobility, requiring a study identifying barriers to achieving seamless mobility.
United States · United States Congress · 27 April 2006
Medicare Teaching Anesthesiology Funding Restoration Act of 2006 - Amends title XVIII (Medicare) of the Social Security Act with respect to part B (Supplementary Medical Insurance) to set forth a special payment rule of 100% of the fee schedule amount for teaching anesthesiologists involved in the training of physician residents, if certain presence and availability requirements are met.
United States · United States Congress · 6 April 2006
Independent Pharmacy Protection Act of 2006 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to require each prescription drug plan contract entered into with a plan sponsor to provide for: (1) the availability of direct deposit payments; (2) an increased dispensing fee for generic drugs; and (3) payments within 10 days for certain pharmacies. Requires the dispensing fee paid to a participating pharmacy for a generic covered part D drug therapeutically equivalent and bioequivalent to a brand name covered part D drug dispensed through the pharmacy to be at least 50% greater than the dispensing fee for the brand name drug. Limits to $10 the dispensing fee paid to a participating pharmacy for a generic covered part D drug. Prohibits a prescription drug plan, subject to exception by the Secretary of Health and Human Services, from decreasing the dispensing fee paid to a participating pharmacy for a brand name drug to an amount less than the dispensing fee paid for it on the date of enactment of this Act. Applies this Act to contracts with a Medicare Advantage organization in the same manner as they apply to those with a prescription drug plan sponsor.
United States · United States Congress · 5 April 2006
Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE) Modernization and Reform Act of 2006 - Amends the firearms provisions of the federal criminal code to revise the civil penalties for violations of firearms law and the procedures for assessing such penalties. Requires fines to be based upon the nature and severity of the violation, the size of the firearms business involved, and the prior record of the firearm's licensee. Requires the Attorney General to make a preliminary determination on federal firearms license applications and to notify applicants in writing of intent to deny an application. Grants applicants the right to a hearing for license denials. Directs the Attorney General to establish guidelines for Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) investigations of firearms violations. Requires the Inspector General of the Department of Justice to review the operations of ATF relating to the gun show enforcement program and blanket residency checks of prospective and actual firearms purchasers. Limits the authority of federal agencies to disclose information on firearms purchasers. Amends the Homeland Security Act of 2002 to repeal the authority of the Attorney General to delegate to ATF responsibility for investigating violent crimes and acts of domestic terrorism. Grants a firearm licensee whose license has expired or has been suspended or revoked 60 days to liquidate inventory. Allows purchasers of existing firearms businesses the right to cure firearms violations attributable to such businesses.
United States · United States Congress · 5 April 2006
Emergency Agricultural Disaster Assistance Act of 2006 - Directs the Secretary of Agriculture to provide emergency financial assistance to eligible agricultural producers (other than sugar cane and sugar beet producers) who have incurred qualifying: (1) 2005 crop losses due to weather or related conditions (including crop disease, insects, and delayed harvest); and (2) 2006 crop losses due to flooding in California and Hawaii that occurred prior to the date of enactment of this Act and for which a petition for a disaster designation has been filed with the Secretary. Directs the Secretary to provide: (1) payments through the 2002 livestock compensation program for livestock disaster losses during calendar years 2005 and 2006 for losses that occurred prior to of enactment of this Act (including wildfire disaster losses in Texas and other states); (2) livestock indemnity payments to producers who have incurred 2005 and 2006 livestock disaster losses prior to enactment of this Act (including wildfire disaster losses in Texas and other states), including losses due to hurricanes, floods, wildfires, and anthrax; (3) indemnity payments to poultry producers in hurricane-affected counties, and for 2006 ewe lamb replacement and retention; (4) compensation for certain owners of flooded crop and grazing land in North Dakota; (5) sugarcane and sugar beet disaster assistance for qualifying producers and first processors in Louisiana counties designated as disaster areas due to Hurricanes Katrina or Rita, or to qualifying producers and first processors in Florida for 2005 losses due to hurricanes, floods, rain, or storms; (6) assistance to sugarcane growers in Texas (for additional Baton Rouge demurrage costs and raw sugar transportation and storage costs) and Hawaii (for an agricultural transportation cooperative); (7) assistance to specialty and nursery crop producers in hurricane-affected counties; (8) assistance to dairy producers in hurricane-affected counties; (9) assistance to producers and first handlers of cottonseed; (10) grants for agricultural promotion; (11) supplemental economic loss payments under a specified rate to producers who received crop year 2005 commodity assistance; (12) assistance to tree producers (including Christmas, potted, ornamental, and nursery trees, shrubs, and vines) in hurricane-affected counties; and (13) emergency watershed protection and emergency conservation program activities. Authorizes the Secretary to provide: (1) financial and technical assistance to remove debris and animal carcasses that could adversely affect health and safety on non-federal land in hurricane-affected counties; and (2) immunizations to Department of Agriculture employees involved in direct recovery work in hurricane-affected counties. Directs the Secretary to hire additional state and county Farm Service Agency personnel to assist in agricultural disaster and economic assistance programs. Appropriates emergency drought assistance funds for: (1) the Army Corps of Engineers; and (2) the Bureau of Reclamation (Department of the Interior). Defines "hurricane-affected county" as a county, or contiguous county, covered by a natural disaster designation related to Hurricanes Katrina, Rita, or Wilma.
United States · United States Congress · 29 March 2006
Respect for America's Fallen Heroes Act - Prohibits a person from carrying out a demonstration: (1) at a cemetery under the control of the National Cemetery Administration or at Arlington National Cemetery, unless the demonstration has been approved by the cemetery superintendent or director; or (2) within 500 feet of a cemetery at which a funeral or memorial service is to be held, for a period beginning 60 minutes before and ending 60 minutes after the funeral or service, if such demonstration includes any individual making noise or a diversion that disturbs the peace or good order of the funeral or service. Amends the federal criminal code to provide criminal penalties for violations of such prohibitions. Expresses the sense of Congress that each state should enact legislation to restrict demonstrations near any military funeral.
United States · United States Congress · 16 March 2006
Firearms Corrections and Improvements Act - Amends firearms provisions of the federal criminal code to: (1) lift restrictions on the possession, transfer, and importation of machineguns, and certain other shotguns and rifles, for contractors providing national security services for the United States and training related to such services, and for manufacturers for testing, research, design, or development purposes; (2) prohibit the Attorney General from charging any tax or fee for any background check by the national instant criminal background check system; (3) permit juveniles to possess and use a handgun or ammunition for certain activities without written parental consent if the parent is present when the juvenile is using the handgun; (4) eliminate certain reporting requirements for multiple handgun sales (more than one sale within five days) by dealers to state police and law enforcement agencies; (5) prohibit the Attorney General from electronically retrieving records of gun dealers who have gone out of business by name or any personal identification code; (6) limit disclosure of trace records; and (7) allow importation of barrels, frames, and receivers for firearms other than handguns for repair or replacement purposes.
United States · United States Congress · 8 March 2006
Byron Nelson Congressional Gold Medal Act - Provides for the presentation of a congressional gold medal to Byron Nelson in recognition of his contributions to the game of golf as a player, teacher, and commentator.
United States · United States Congress · 2 March 2006
Chattahoochee Trace National Heritage Corridor Study Act - Directs the Secretary of the Interior to conduct a study to assess the suitability and feasibility of designating a specified study area in the Apalachicola-Chattahoochee-Flint River Basin (Alabama and Georgia) as the "Chattahoochee Trace National Heritage Corridor."
United States · United States Congress · 16 February 2006
Internet Gambling Prohibition Act - Amends the federal criminal code to revise the prohibitions against interstate gambling. Modifies the definition of "wire communication facility" to include all communications, including transmissions by satellite or microwave using fixed or mobile connections (e.g., the Internet or other wireless communications). Expands the definition of "bets and wagers" to include all forms of gambling activity. Modifies existing prohibitions against interstate gambling to prohibit anyone engaged in a gambling business from using a communication facility to transmit: (1) bets or wagers; (2) a communication which entitles the recipient to receive money or credit as a result of bets or wagers; or (3) information assisting in the placing of bets or wagers. Imposes a five-year prison term for violations. Prohibits anyone engaged in a gambling business from accepting in connection with the transmission of bets or wagers or information assisting in the placing of bets or wagers: (1) credit, or the proceeds of credit; (2) electronic funds transfers; (3) checks, drafts, or similar instruments; or (4) the proceeds of any other form of financial transaction as prescribed by Treasury regulations. Exempts certain instrastate gambling activities. Requires any common carrier who is notified in writing that a user of one of its communication facilities is violating prohibitions against interstate gambling to discontinue service to such user. Authorizes federal, state, tribal, or local law enforcement agencies to obtain injunctive or declaratory relief to restrain persons from violating prohibitions against interstate gambling.
United States · United States Congress · 15 February 2006
Domestic Energy Production through Offshore Exploration and Equitable Treatment of State Holdings Act of 2006 - Amends the Outer Continental Shelf Lands Act (OCSLA) to revise the determination of adjacent zones and planning areas in the subsoil and seabed of the outer Continental Shelf (OCS). Prescribes guidelines for: (1) lease administration; (2) lease grants; (3) lease receipts ; and (4) allocations to states and coastal municipal political subdivisions. Modifies review guidelines for OCS exploration plans and drilling permits. Directs the Secretary of the Interior to include in each five-year program lease sales that offer at least 75% of the available unleased acreage within each OCS Planning Area for oil and gas or natural gas leasing. Revises requirements for review of OCS development and production plans. Establishes the Federal Energy Natural Resources Enhancement Fund. Declares without force or effect all provisions of existing federal law that prohibit spending appropriated funds for OCS oil and natural gas leasing and preleasing. Prohibits a federal agency from permitting certain activities on federal OCS or in state waters that are incompatible with either oil or natural gas leasing, or with exploration and production of tracts that are geologically prospective for oil or natural gas. Amends the Mineral Leasing Act to revise regulation of surface-disturbing activities. Redesignates the Minerals Management Service as the National Ocean Resources and Royalty Service. Rigs to Reefs Act of 2005 - Amends the OCSLA to prescribe requirements for the use of decommissioned offshore oil and gas platforms for mariculture, artificial reef, and scientific research. Amends the Energy Policy Act of 2005 to repeal the requirement for: (1) a comprehensive inventory of OCS oil and natural gas resources; and (2) payments for oil shale and tar sands leases. Establishes the Federal Energy And Mineral Resources Professional Development Fund. National Geologic Data and Mapping Fund Act of 2006 - Establishes the National Geologic Data and Mapping Fund. Prescribes implementation guidelines for leasing areas located within 100 miles of California or Florida. Amends the OCSLA to repeal the coastal impact assistance program.
United States · United States Congress · 8 February 2006
Tax Code Termination Act - Terminates the Internal Revenue Code of 1986 after December 31, 2009, except for self-employment taxes, Federal Insurance Contributions Act taxes, and Railroad Retirement taxes. Declares that any new federal tax system should be a simple and fair system that: (1) applies a low rate to all Americans; (2) provides tax relief for working Americans; (3) protects the rights of taxpayers and reduces tax collection abuses; (4) eliminates the bias against savings and investment; (5) promotes economic growth and job creation; and (6) does not penalize marriage or families. Requires that the new federal tax system be approved by Congress in its final form by July 4, 2009.
United States · United States Congress · 8 February 2006
Encourages all Americans to increase their charitable giving, with the goal of increasing the annual amount of charitable giving in the United States by 1%.
United States · United States Congress · 1 February 2006
Palestinian Anti-Terrorism Act of 2006 - States that it shall be U.S. policy to promote the emergence of a democratic Palestinian governing authority that denounces and combats terrorism, upholds human rights for all people, and has agreed to recognize Israel as an independent Jewish state. Amends the the Foreign Assistance Act of 1961 to provide assistance under such Act or any other provision of law to the Palestinian Authority (PA) only during a period for which a presidential certification has determined: (1) that no PA ministry, agency, or instrumentality is controlled by a foreign terrorist organization and no member of a foreign terrorist organization serves in a PA ministry, agency, or instrumentality; (2) that the PA has publicly acknowledged Israel's right to exist as a Jewish state, and is adhering to all previous agreements and understandings with the government of the United States, the government of Israel, and the international community; and (3) that the PA has made demonstrable progress toward purging from its security services individuals with ties to terrorism, dismantling all terrorist infrastructure and cooperating with Israel's security services, halting anti-Israel incitement, and ensuring democracy and financial transparency. Directs the President to make and transmit such certifications to Congress every six months. Prohibits during a period in which a certification is is not in effect with respect to the PA.: (1) assistance to nongovernmental organizations for the West Bank and Gaza (exempts assistance for basic human health needs from such limitation.); (2) U.S. contributions to the United Nations intended for U.N. agencies providing assistance directly to the PA; (3) visa issuance to any PA official or affiliated person (with a case-by-case exemption for U.S. security needs); (4) travel outside of a 25-mile radius of the U.N. headquarters building for officials and representatives of the PA and of the Palestine Liberation Organization (PLO) who are stationed at the United Nations in New York City; and (5) establishment of an office, headquarters, premises, or other facilities within U.S. jurisdiction at the direction of, or with funds provided by, the PA or the PLO. Requires the President to direct the executive director at each international financial institution to use U.S. influence to prohibit assistance to the PA during any such period. Directs the Secretary of State to audit and report respecting duplicative entities and functions of: (1) the United Nations Division for Palestinian Rights; (2) the Committee on the Exercise of the Inalienable Rights of the Palestinian People; (3) the United Nations Special Coordinator for the Middle East Peace Process and Personal Representative to the Palestine Liberation Organization and the Palestinian Authority; (4) the NGO Network on the Question of Palestine; (5) the Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories; and (6) any other entity the Secretary determines results in duplicative efforts or funding or fails to ensure balance in the approach to Israeli-Palestinian issues. Withholds specified U.S. contributions to the United Nations for such entities until the report's recommendations are implemented. Expresses the sense of Congress that during any such period the territory controlled by the PA should be deemed to be in use as a terrorist sanctuary for purposes of the Export Administration Act of 1979, and of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989. Prohibits funds to be used by any U.S. officer or employee to negotiate, attend official meetings, or have official contacts with members or official representatives of Hamas, Palestinian Islamic Jihad, the Popular Front for the Liberation of Palestine, al-Aqsa Martyrs Brigade, or any other Palestinian terrorist organization, until such organization: (1) recognizes Israel's right to exist; (2) renounces terrorism; (3) dismantles the terrorist infrastructure; and (4) recognizes all previous agreements and understandings between Israel and the PA.
United States · United States Congress · 16 December 2005
Code Talkers Recognition Act - Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to make arrangements for the presentation of a congressional gold medal: (1) to persons, including specified individuals, who served as Sioux or Comanche Code Talkers during World War II; (2) honoring the Choctaw Code Talkers of World War I; and (3) to any other Native American member of the armed forces, identified by the Secretary of Defense, who served as a Code Talker in any foreign conflict in which the United States was involved during the 20th Century. Authorizes the Secretary of the Treasury to strike and sell duplicates in bronze of the gold medals struck under this Act and to deposit the proceeds in the United States Mint Public Enterprise Fund to pay for the costs of the medals awarded under this Act.
United States · United States Congress · 18 November 2005
Fuel Choices for American Security Act of 2005 - Instructs Director of the Office of Management and Budget to publish an action plan in the Federal Register that targets oil savings for specified years. Directs the Secretaries of Energy and of Transportation, and the Administrator of the Environmental Protection Agency (Administrator), to promulgate regulations to implement the standards set forth in the Director's action plan. Requires the head of each federal agency to establish an oil usage baseline and develop a specified plan to reduce oil consumption. Directs the Postmaster General to report to Congress on annual fleetwide fuel savings and cost savings associated with eliminating Saturday mail delivery. Directs the Secretary of Energy to conduct a national media campaign to decrease domestic oil consumption. Amends federal transportation law to set forth a national tire efficiency program. Amends the Internal Revenue Code (IRC) to establish an idling reduction tax credit. Directs the Secretary of Transportation to conduct a research and development program for electric drive transportation technology. Directs the Secretary of Energy (Secretary) to establish a lightweight material research and development program. Amends the Energy Policy Act of 2005 to direct the Secretary to accelerate hybrid technology improvements by using loan guarantees that target automobile manufacturers and suppliers. Amends the IRC to allow: (1) an advanced technology motor vehicles manufacturing credit; and (2) a qualified flexible fuel hybrid and plug-in hybrid motor vehicle credit. Terminates the limitation on the number of qualified hybrid and advanced lean burn technology vehicles eligible for alternative motor vehicle credit. Directs the Secretary to issue regulations requiring each federal agency to achieve by FY2015 at least a 20% reduction in its fleet petroleum consumption. Amends the IRC to: (1) establish a fuel-efficient tax credit for private fleets; and (2) subject heavy vehicles to the depreciation limitation imposed upon certain luxury automobiles. Prescribes: (1) a production schedule for passenger cars that are either fuel choice enabling motor vehicles, or alternative fuel automobiles; and (2) calculations for flexible fuel vehicle economy. Requires the Secretary to transmit an action plan to Congress to ensure: (1) an increasing supply by non-oil fuels of the total domestic ground transportation fuel demand; and (2) nationwide inclusion of at least 10 % ethanol in the domestic ground transportation fuel supply by December 31, 2015. Amends the IRC to increase the alternative fuel vehicle refueling property credit. Amends federal transportation law to establish the Alternative Fueling Infrastructure Trust Fund. Amends the Clean Air Act to prescribe the minimum quantity of renewable fuel derived from cellulosic biomass for specified calendar years. Amends federal transportation law to direct the Secretary of Transportation to designate Transit-Oriented Development Corridors in certain urbanized areas. Amends the Energy Policy Act of 2005 to: (1) repeal the geographical limitation on the Sugar Cane Ethanol Program; (2) authorize preprocessing and harvesting demonstration grants for transportation fuel produced from biomass (in lieu of ethanol production); (3) direct the Secretary to establish a loan guarantee program for conversion of municipal solid waste into transportation fuel produced from biomass (in lieu of ethanol); and (4) instruct the Administrator to fund demonstration projects for producing transportation fuel produced from biomass (in lieu of ethanol).
United States · United States Congress · 18 November 2005
National Language Act of 2005 - Makes English the official language of the U.S. government. Requires the government to: (1) conduct its official business in English, including publications, income tax forms, and informational materials; and (2) preserve and enhance the role of English as the official language of the United States of America. Provides that no person has a right, entitlement, or claim to have the government act, communicate, perform, or provide services or materials in any other language, unless specifically stated in applicable law. Provides that this Act shall not apply to the use of a language other than English for religious purposes, for training in foreign languages for international communication, or in school programs designed to encourage students to learn foreign languages. States that this does not prevent the U.S. government from providing interpreters for persons over age 62. Repeals provisions of the Voting Rights Act of 1965 regarding bilingual election requirements and regarding congressional findings of voting discrimination against language minorities, prohibition of English-only elections, and other remedial measures. Amends the Immigration and Nationality Act to require that all public ceremonies in which the oath of allegiance is administered pursuant to such Act be conducted solely in English. Specifies that this Act shall not preempt any state law.
United States · United States Congress · 18 November 2005
Balancing Trade Act of 2005 - Requires the President, if in three consecutive calendar years the United States has a trade deficit with another country of $10 billion or more, to take the necessary steps to create a trading relationship that would eliminate or substantially reduce that trade deficit, by entering into an agreement with that country or otherwise.
United States · United States Congress · 18 November 2005
Reaffirms the House of Representatives' commitment to the security of Israel. Asserts that: (1) terrorist organizations, such as Hamas, should not be permitted to participate in Palestinian elections until such organizations recognize Israel's right to exist as a Jewish state, cease incitement, condemn terrorism, and disarm and dismantle their terrorist infrastructure; and (2) Hamas' or any other terrorist group's inclusion into the Palestinian governing structure will inevitably raise serious U.S. policy considerations, potentially undermining the ability of the United States to provide financial assistance and conduct normal relations with the PA. Calls on the Palestinian Authority (PA) President Abbas before the election to declare openly his intention to dismantle the terrorist organizations. States that progress in the peace process requires sustained Palestinian effort to dismantle the terrorist infrastructure.
United States · United States Congress · 16 November 2005
Amends the Comprehensive Environmental Response Compensation and Liability Act of 1980 to exclude manure from the definition of "hazardous substance" or "pollutant or contaminant" under that Act. Amends the Superfund Amendments and Reauthorization Act of 1986 to exempt releases associated with manure from the emergency notification requirements under that Act.
United States · United States Congress · 15 November 2005
Outer Continental Shelf Natural Gas Relief Act - States that all provisions of federal law that prohibit the expenditure of appropriated funds to conduct natural gas leasing and preleasing activities for any area of the Outer Continental Shelf are without any force or effect. Revokes all withdrawals from leasing of federal submerged lands of the Outer Continental Shelf, including withdrawals by the President under the Outer Continental Shelf Lands Act. States such withdrawals are no longer in effect with respect to the leasing of areas for natural gas exploration, development, and production. Prohibits granting a gas lease for any area of the Outer Continental Shelf located within 20 miles of a state's coastline unless the Governor grants state approval. Directs the Secretary of Energy, in each five-year oil and gas leasing program, to include lease sales that when viewed as a whole propose to offer for gas leasing at least 75% of the available unleased acreage within each Outer Continental Shelf planning area. Sets forth a scheme for bonus bids and royalties that affects: (1) new and existing gas leases; and (2) leased tracts lying partially within the seaward boundaries of a state. Permits leases that authorize development and production solely of natural gas and associated condensate, including leases for program years 2002-2007, and for program years 2007-2012.
United States · United States Congress · 15 November 2005
Agriculture Hurricane Recovery Act of 2005 - Directs the Secretary of Agriculture to provide emergency assistance to farm or aquacultural producers (other than sugarcane producers) in a disaster county who incurred qualifying crop or quality losses with respect to the 2004, 2005, or 2006 crop due to damaging weather or related condition. Limits: (1) assistance to only one crop year; and (2) 2006 crop losses to only those losses caused by a 2005 hurricane or tropical storm. Directs the Secretary to make emergency financial assistance to: (1) commercial ornamental nursery and fernery producers in a disaster county for eligible inventory losses due to a 2005 hurricane; (2) tropical fruit producers in a disaster county who have suffered a qualifying loss due to a 2005 hurricane; (3) citrus and vegetable producers in a disaster county for losses caused by a 2005 hurricane or tropical storm; (4) certain sugar processors in Florida and Louisiana to compensate first processors and producers for crop and other losses related to 2005 hurricanes, tropical storms, excessive rains, and floods; (5) livestock producers in a disaster county for 2005 or 2006 losses (as elected by a producer); and (6) producers in a disaster county for specified infrastructure losses caused by a 2005 hurricane. Amends the Farm Security and Rural Investment Act of 2002 to include nursery trees, Christmas trees, pecan trees, timber, and forest products in the tree assistance program. Waives specified cost-sharing requirements related to 2005 hurricane assistance. Amends the Agricultural Credit Act of 1978 to include nursery or fernery crop producers in the emergency conservation program. Provides assistance for farm producers in a disaster county for repairing structures, barns, storage facilities, poultry houses, beehives, greenhouses, and shade houses due to 2005 hurricane damage. Provides emergency grants for low-income migrant and seasonal farmworker assistance. Provides assistance for: (1) reseeding, rehabilitation, and restoration of oyster reefs in Alabama, Florida, Louisiana, or Mississippi; (2) fisheries disaster assistance; and (3) lump sum payments to Louisiana, Mississippi, Alabama, and Florida for assistance to persons in a disaster county who have experienced significant economic hardship due to the loss of fisheries, oysters, lobsters, stone crabs, or clams, destroyed or damaged processing facilities, or closures due to red tide or other water quality issues. Amends the Internal Revenue Code with respect to timber losses resulting from Hurricanes Dennis, Katrina, Rita, or Wilma to: (1) increase allowable reforestation expenses; and (2) exempt such losses from capital loss limits.
United States · United States Congress · 2 November 2005
Forest Emergency Recovery and Research Act - Directs the Secretary of Agriculture and the Secretary of the Interior to develop research protocols for collecting and analyzing scientific information about the effectiveness and ecological impacts of catastrophic event recovery projects and emergency stabilization treatments undertaken as part of a burned area emergency response to increase the long-term benefits of management activities and to decrease short-term impacts. Requires such Secretaries to enter into cooperative agreements with land-grant colleges and universities to form forest health partnerships to utilize their education, research, and outreach capacity to address the recovery of forested land after a catastrophic event. Requires such Secretaries to conduct catastrophic event recovery evaluations of damaged federal lands. Directs such Secretaries to prepare a list of pre-approved management practices that may be immediately implemented as part of catastrophic event recovery projects or catastrophic event research projects. Requires determinations of whether or not to: (1) use any pre-approved management practices that can be immediately implemented; and (2) develop and carry out a recovery or research project or part of such a project using the alternative arrangements authorized by this Act. Directs such Secretaries to clarify agency-wide guidance regarding reforestation in response to catastrophic events. Provides for assistance to restore landscapes and communities affected by catastrophic events. Provides for the availability and use of pre-approved management practices and alternative arrangements on National Forest experimental forests.
United States · United States Congress · 26 October 2005
Directs the Architect of the Capitol to enter into an agreement to obtain a statue of Rosa Parks and to place the statue in the Capitol in a suitable permanent location in National Statuary Hall.
United States · United States Congress · 20 October 2005
Community Cancer Care Preservation Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to subject to quarterly reconciliation any payments to physicians for drugs or biologicals made according to average sales price payment methodology in order to assure that they do not exceed or fall short of the actual average sales price during any preceding period. Requires the Secretary of Health and Human Services to review all such payments in the preceding quarter and compare them to the verified average sales price reported by the manufacturer for such quarter. Removes prompt pay discounts from the calculation of the manufacturer's average sales price. Extends through December 31, 2006, the current demonstration project to identify and assess oncology services that positively affect cancer outcomes. Requires the Secretary to make an additional 2% for drug administration services payment to physicians for overhead and related costs. Directs the Secretary to develop indicators for the evaluation of the quality of oncology services provided in the physician office setting. Requires the Director of the National Cancer Institute to develop a strategic plan to increase the number of cancer patients who enroll in clinical trials.
United States · United States Congress · 19 October 2005
Maintaining Medicare Access Act of 2005 - Amends part B (Supplementary Medical Insurance) of title XVIII of the Social Security Act to establish the single conversion factor for Medicare physician payment rates for 2006 at not less than the level for 2005.
United States · United States Congress · 17 October 2005
Department of Veterans Affairs Information Technology Management Improvement Act of 2005 - Directs the Secretary of Veterans Affairs to ensure that the Chief Information Officer (CIO) of the Department of Veterans Affairs has the authority and control necessary for the development, approval, implementation, integration, and oversight of policies, procedures, processes, activities, and systems relating to the management of Department information technology. Requires the: (1) Secretary to develop, implement, and maintain a process for the selection and oversight of information technology for the Department, including a strategic plan that includes performance measurements and an integrated enterprise architecture; and (2) CIO to review and update on an ongoing basis the plan and architecture. Directs the CIO to select the CIOs for each of the Veterans Health Administration, Veterans Benefits Administration, and National Cemetery Administration, who will implement the plan and architecture within their departments.
United States · United States Congress · 29 September 2005
Enforcement First Immigration Reform Act of 2005 - Amends the Immigration and Nationality Act and other immigration-related provisions with respect to: (1) enforcement and detention of, and criminal penalties for, illegal aliens; (2) the institutional removal (IRP) and criminal alien assistance (SCAAP) programs; (3) alien smuggling, document fraud, gang violence, and drug trafficking; (4) border security, personnel increases, and border-related assignment of armed forces members; (5) provision of social security numbers; (6) work authorization and enforcement; (7) secure identification standards, including birth certificates; (8) reform of legal immigration, including elimination of the diversity lottery visa category and certain limitations on entrants from Mexico; (9) citizenship reform, including limitations on citizenship by birth; and (10) wages paid to unauthorized aliens.
United States · United States Congress · 29 September 2005
Taxpayer Campaign Fund Elimination Act of 2005 - Amends the Internal Revenue Code to terminate, after 2005: (1) taxpayer checkoffs to finance presidential election campaigns; (2) the Presidential Election Campaign Fund (Fund) and related provisions; and (3) presidential primary matching payment accounts. Directs the Secretary of the Treasury to transfer any amounts remaining in the Fund after 2005 to the general fund of the Treasury.
United States · United States Congress · 22 September 2005
Timber Tax Act of 2005 - Amends the Internal Revenue Code to allow a tax deduction (available to taxpayers whether or not they itemize deductions) for up to 60% of gains from certain sales or exchanges of timber.
United States · United States Congress · 19 September 2005
Threatened and Endangered Species Recovery Act of 2005 - Amends the Endangered Species Act of 1973 to revise various provisions of that Act relating to the determination of endangered and threatened species, procedures for making such determinations, and the role of states and private property owners in the determination process. Defines "best available scientific data" and requires the use of such standard in making endangered species and other determinations under the Act. Revises provisions for designating endangered or threatened species and the process for reviewing lists of such species. Repeals the authority of the Secretary of the Interior (or the Secretary of Commerce) to designate a critical habitat for an endangered or threatened species. Directs the Secretary of the Interior to develop and implement recovery plans for endangered or threatened species and to establish recovery teams to assist in the development of such plans, giving priority to species that will most likely benefit from such plans. Authorizes the Secretary to: (1) enter into species recovery agreements and species conservation contract agreements with persons, other than federal or state governments, for conservation activities to protect endangered or threatened species; and (2) make grants to promote the voluntary conservation of endangered and threatened species by private property owners. Eliminates the Endangered Species Committee and the process for granting exemptions from endangered or threatened species determinations. Requires the Secretary to make certain information available to the public on the Internet, including lists of threatened or endangered species, final and proposed regulations under the Act, results of five-year reviews conducted under the Act, all draft and final recovery plans, and certain required reports and data. Requires the Secretary to report to Congress annually on expenditures made primarily for the conservation of species. Authorizes appropriations for FY2006-FY2010.
United States · United States Congress · 14 September 2005
Gasoline Price-Gouging Act of 2005 - States that it is unlawful for a commercial vendor to sell either gasoline or diesel fuel at a price that is a 10% or greater increase from the average price prevailing in an area prior to its having been declared or designated as a major disaster area. Excepts from such prohibition a fuel price that is: (1) attributable to a reasonable additional cost incurred attendant to a major disaster; or (2) consistent with national or international market trends. Makes such prohibition applicable for 90 days after a declaration or designation is made. Grants the Federal Trade Commission (FTC) enforcement powers to treat violation of this prohibition as an unfair or deceptive act or practice. Requires the FTC, within five days following a declaration of a major disaster, to post on its Internet website the average price of gasoline and diesel fuel in such area for the 30-day period preceding the declaration.
United States · United States Congress · 7 September 2005
Declares that the House of Representatives: (1) expresses the condolences of the Nation to the victims of Hurricane Katrina; (2) commends the resiliency and courage of the people of Louisiana, Mississippi, and Alabama; and (3) commits to provide the necessary resources and to stand by the people of such states in the relief, recovery, and rebuilding efforts.
United States · United States Congress · 22 July 2005
Strengthening the Ownership of Private Property Act of 2005 or STOPP Act of 2005 - Prohibits the provision of federal financial assistance under federal economic development programs to any state or unit of local government that: (1) uses the power of eminent domain to take property from one private individual or entity for economic development purposes and transfer ownership to another private individual or entity; or (2) fails to pay relocation costs to any person displaced by the use of eminent domain for economic development purposes. Allows the head of a federal agency to rely upon a certification by the chief executive officer of a state or unit of local government that such state or unit has not engaged in such acts. Specifies the federal economic development programs from which assistance will be prohibited.
United States · United States Congress · 21 July 2005
Preserving Patient Access to Inpatient Rehabilitation Hospitals Act of 2005 - Prohibits the Secretary of Health and Human Services, during the period between July 1, 2005, and the date two years after the enactment of this Act, from: (1) requiring a compliance rate, pursuant to the criterion (commonly known as the "75 percent rule") used to determine whether a hospital or hospital unit is an inpatient rehabilitation facility, that is greater than the 50 percent compliance threshold that became effective on July 1, 2004; (2) changing the designation of any inpatient rehabilitation facility in compliance with the 50 percent threshold; or (3) conducting medical necessity review of inpatient rehabilitation facilities using any guidelines other than the national criteria established in the Medicare Benefits Policy Manual. Directs the Secretary to establish procedures for: (1) making any necessary retroactive adjustment to restore the status of a facility as an inpatient rehabilitation facility as a result of this Act; (2) making any necessary payments to inpatient rehabilitation facilities based on such adjustment for discharges occurring on or after July 1, 2005, and before enactment of this Act; and (3) developing and implementing an appeals process that provides for expedited review of any adjustment to the status of a facility as an inpatient rehabilitation facility made during such period Directs the Secretary to establish the National Advisory Council on Medical Rehabilitation to provide advice and recommendations to: (1) Congress and the Secretary concerning the coverage of rehabilitation services under title XVIII (Medicare) of the Social Security Act; and (2) appropriate federal agencies on how best to utilize available research funds and authorities focused on medical rehabilitation research.
United States · United States Congress · 21 July 2005
Help Efficient, Accessible, Low Cost, Timely Healthcare (HEALTH) Act of 2005 -Sets forth provisions regulating lawsuits for health care liability claims concerning the provision of health care goods or services or any medical product affecting interstate commerce. Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions. Provides that nothing in this Act limits recovery of the full amount of available economic damages. Limits noneconomic damages to $250,000. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a decreasing percentage based on the increasing value of the amount awarded. Prescribes qualifications for expert witnesses. Allows the introduction of collateral source benefits and the amount paid to secure such benefits as evidence. Prohibits a provider of such benefits from recovering any amount from an award in a health care lawsuit involving injury or wrongful death. Authorizes the award of punitive damages only where: (1) it is proven by clear and convincing evidence that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury the claimant was substantially certain to suffer; and (2) compensatory damages are awarded. Limits punitive damages to the greater of two times the amount of economic damages or $250,000. Limits the liability of manufacturers, distributors, suppliers, and providers of medical products that comply with Food and Drug Administration (FDA) standards. Provides for periodic payments of future damage awards.
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
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
Veteran-Owned Small Business Promotion Act of 2005 - Requires the Department of Veterans Affairs to award not less than nine percent of the total value of all prime contract and subcontract awards for each fiscal year to small businesses owned and controlled by veterans. Requires at least one-third of those awards to go to small businesses owned and controlled by veterans with service-connected disabilities. Requires a business, in order to be so eligible, to be listed in a database of veteran-owned small businesses maintained by the Secretary of Veterans Affairs. Provides enforcement penalties for misrepresentation as a veteran-owned small business. Treats a veteran's surviving spouse as a veteran for purposes of eligibility of a business after the death of the veteran-owner. Provides the highest priority in the award of such contracts and subcontracts to small businesses owned and controlled by veterans with service-connected disabilities. Directs the Secretary, in procuring goods and services pursuant to a contracting preference, to give priority to a small business owned and controlled by a veteran if such small business also meets the requirements of the contracting preference.
United States · United States Congress · 27 June 2005
Congressional Accountability for Judicial Activism Act of 2005 - Authorizes Congress, if two thirds of each House agree, to reverse a judgment of the United States Supreme Court: (1) if that judgment is handed down after the date of the enactment of this Act; and (2) to the extent that judgment concerns the constitutionality of an Act of Congress.
United States · United States Congress · 22 June 2005
Corporate Advance Disclosure Act of 2005 - Amends the Securities Exchange Act of 1934 to require an issuer to provide at least 60 days advance notice to the Securities and Exchange Commission if it creates, substantially increases, or funds any non-qualified pension plan for which a director or executive officer is the beneficiary. Requires implementing SEC rules to require that the disclosure separately state each creation, increase, or funding with respect to each such director or officer.
United States · United States Congress · 20 June 2005
Veterans Medical Care Revenue Enhancement Act of 2005 - Directs the Secretary of Veterans Affairs to: (1) conduct a demonstration project for the improvement of business practices of the Veterans Health Administration (VHA); and (2) enter into a performance-based contract for a contractor to carry out functions specified in this Act. Requires the Secretary to conduct the project at two VHA medical centers within the same service area, selected from among medical centers located in those areas that the Secretary determines have relatively low rates of recovery or collection of indebtedness from third-party payors. Sets forth provisions regarding the selection and functions of the contractor, including requiring the contractor to establish a plan to standardize and coordinate all activities related to billing for health care furnished to veterans for non-service-connected disabilities, and a database containing third-party payor information for veterans receiving health care. Directs the Secretary to: (1) ensure that a VHA employee is designated to be the full-time project manager for the project and that such employee's duty station is at one of the medical centers at which the project is conducted; and (2) administer the project so that during the period of the conduct of the project (two years) there is no reduction in full-time equivalent employees of the Department of Veterans Affairs at the medical centers at which the project is conducted that is attributable to the conduct of the project.
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 · 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 · 26 May 2005
Pet Animal Welfare Statute of 2005 - Amends the Animal Welfare Act to revise the definition of dealer (in animals) to include: (1) sellers of dogs imported from outside the United States; and (2) persons who sell more than 25 dogs or cats or who whelp for sale more than six litters of dogs or cats annually. Defines "retail pet store" for purposes of the Act as a public retail establishment that sells animals commonly kept as pets in U.S. households (e.g., dogs, cats, guinea pigs, rabbits, and hamsters). Excludes from such definition: (1) a person breeding animals to sell to the public as pets; (2) a person selling hunting, security, or breeding dogs; or (3) a person selling wild animals. Requires dealers and retail pet stores to provide the Secretary of Agriculture with source records relating to the purchase or acquisition of dogs and cats. Authorizes the Secretary to extend the period for the temporary suspension of a dealer license for a violation of the Act from 21 to 60 days, if the Secretary believes that such violation will continue past the initial 21-day period and will jeopardize the health of any animal. Authorizes the Secretary to apply directly to a U.S. district court for a temporary restraining order or injunction to address violations of the Act.
United States · United States Congress · 24 May 2005
Antifreeze Bittering Act of 2005 - Requires engine coolant or antifreeze that is manufactured six months after the enactment of this Act, and that contains more than 10 percent ethylene glycol, to include denatonium benzoate at a minimum of 30 parts per million and a maximum of 50 parts per million as a bittering agent so as to render the coolant or antifreeze unpalatable. Requires a coolant or antifreeze manufacturer to maintain records of compliance with this Act. Limits the liability of manufacturers, distributors, recyclers, or sellers of engine coolant or antifreeze who are in compliance with the requirements of this Act for personal and property loss or damage to the environment that results from the inclusion of denatonium benzoate in any coolant or antifreeze. Declares this Act inapplicable to: (1) the sale of a motor vehicle that contains engine coolant or antifreeze; or (2) wholesale containers of engine coolant or antifreeze containing 55 gallons or more of engine coolant or antifreeze.
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
Jacob Wetterling, Megan Nicole Kanka, and Pam Lychner Sex Offender Registration and Notification Act or the Sex Offender Registration and Notification Act - Repeals existing provisions governing state registration programs for persons convicted of a criminal offense against a minor or of a sexually violent offense. Directs the Attorney General to carry out a Jacob Wetterling, Megan Nicole Kanka, and Pam Lychner Sex Offender Registration and Notification program under which a "covered individual" (an individual convicted of a listed offense against a minor) shall, for that individual's life, provide to the Attorney General specified information, including any change of address and employer. Lists exceptions. Sets penalties for violations. Requires the Attorney General to prescribe regulations to ensure that every covered individual wears and maintains a device that transmits information about that person's whereabouts to the domicile state, subject to specified requirements. Sets penalties for violations. Lists the responsibilities of the Attorney General and State or tribal actors. Provides for specified community notification by law enforcement. Directs the Attorney General to: (1) maintain a National Sex Offender Registry database to track the whereabouts and movements of covered individuals; (2) develop a software application that can be used by state and tribal actors; (3) establish and maintain a database to manage DNA information regarding covered individuals; and (4) carry out a Sex Offender Management Assistance program for awarding grants to states or tribal actors to offset costs associated with implementing this Act. Amends the Immigration and Nationality Act to subject to deportation any alien who is a covered individual and who fails to provide registration information under this Act.
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