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 · 14 February 2006
Designates the Department of Veterans Affairs Outpatient Clinic in Tulsa, Oklahoma, as the "Ernest Childers Department of Veterans Affairs Outpatient Clinic."
United States · United States Congress · 14 February 2006
Recognizes: (1) the importance of military recruiting in ensuring national security; and (2) the essential role of U.S. Armed Forces in protecting the nation and providing valuable resources and life experiences for future leaders. Condemns: (1) municipal and university actions which defy federal statutes regarding military recruiters, including recruiter access provisions; and (2) those who denigrate military service as less significant or valuable than higher education.
United States · United States Congress · 8 February 2006
Home and Farm Wind Energy Systems Act of 2006 - Amends the Internal Revenue Code to allow a tax credit for 30% (10% after December 31, 2015) of the cost of installing qualified wind energy property. Defines "qualified wind energy property" as an electricity-generating wind turbine of 100 kilowatts of rated capacity or less which is installed in a dwelling unit or other property located in the United States and which meets the latest rating standards published by the American Wind Energy Association.
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 · 17 December 2005
Health Care Freedom of Choice Act - Amends the Internal Revenue Code to allow the tax deduction for medical expenses without the gross income percentage limitation.
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 · 14 December 2005
Amends the federal criminal code to establish a national standard for the carrying of certain concealed firearms by non-residents. Authorizes a person who has a valid permit to carry a concealed firearm in one state and who is not prohibited from carrying a firearm under federal law to carry a concealed firearm in another state in accordance with the restrictions of that state or as specified under this Act.
United States · United States Congress · 6 December 2005
Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 - Directs the Secretary of Homeland Security (DHS) to: (1) take all appropriate actions, including development of a national border strategy, to maintain operational control over the U.S. international land and maritime borders; (2) report on cross-border security agreements with Mexico and Canada; (3) provide for biometric data enhancements; (4) report on the One Face at the Border Initiative; (5) increase port of entry inspection personnel and canine detection teams; (6) report on the airspace security mission's impact on the National Capital Region; (7) reimburse private owners along the border for certain property damage; (8) establish at least one Border Patrol unit for the Virgin Islands; (9) report on Central American gang travel across the U.S.-Mexico border; and (10) deploy radiation portal monitors at U.S. ports of entry to screen inbound cargo for nuclear and radiological material. Amends the Immigration and Nationality Act (INA) with respect to alien smuggling and illegal entry and presence to: (1) revise the definition of aggravated felony; (2) provide mandatory minimum sentences on smuggling convictions, and expand seizure and forfeiture authority; (3) make illegal U.S. presence a crime; (4) increase penalties for improper U.S. entry and for marriage and immigration-related entrepreneurship fraud; (5) provide mandatory minimum sentences for aliens convicted of reentry after removal; (6) impose on smugglers the same sentences that the aliens they have smuggled would receive; (7) include among smuggling crimes the carrying or use of a firearm during such activity; and (8) revise voluntary departure provisions. Directs the Secretary: (1) and the Secretary of Defense to develop a plan to increase the availability of Department of Defense (DOD) surveillance equipment along the U.S. international land and maritime borders; (2) to assess border security vulnerabilities on Department of Interior land directly adjacent to the U.S. border; (3) conduct a training exercise on border security information sharing; (4) establish a Border Security Advisory Committee; and (5) establish a university-based Center of Excellence for Border Security. Authorizes the Secretary to permit the use of DHS grants for border security activities. Expresses the sense of Congress with respect to border security cooperation with sovereign Indian Nations. Requires the mandatory detention of illegal aliens apprehended at a U.S. port of entry or along the U.S. land or maritime borders. Permits release with notice to appear only if the alien: (1) is not a security risk; and (2) provides a specified bond. Denies admission to the nationals of a country that refuses or delays acceptance of its nationals ordered removed from the United States. Requires that the Secretary place an alien (other than from Mexico or Canada) who has not been admitted or paroled into expedited removal if apprehended within 100 miles of the border and within 14 days of unauthorized entry. Directs the Secretary to take specified actions to ensure coordination of DHS border security efforts. Amends the Homeland Security Act of 2002 to establish in DHS an Office of Air and Marine Operations whose primary mission shall be to prevent the entry of terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband into the United States. Directs the Secretary to transfer to United States Immigration and Customs Enforcement all functions of the Customs Patrol Officers unit operating on the Tohono O'odham Indian reservation (the "Shadow Wolves" unit). Authorizes the Secretary to establish within United States Immigration and Customs Enforcement additional Customs Patrol units to operate on Indian lands. Bars an alien: (1) deportable on terrorist grounds from receiving withholding of removal; (2) convicted of an aggravated felony, unlawful procurement of citizenship, or domestic violence, stalking, or child abuse from admissibility; (3) convicted of an aggravated felony from refugee or asylee status adjustment; (4) removable on terrorist grounds from becoming naturalized; and (5) from being naturalized while in removal proceedings. Revises and enhances detention provisions for certain dangerous aliens subject to removal, including establishment of a detention review process for cooperating aliens. Increases penalties and sets mandatory minimum sentences for aliens who fail to comply with removal provisions. Makes an alien deportable for: (1) three or more drunk driving convictions; and (2) social security number and identification fraud. Authorizes (and reimburses) local sheriffs or sheriff coalitions in specified counties along the southern border to enforce the immigration laws and to transfer illegal aliens to federal custody. Establishes in the Treasury the Designated County Law Enforcement Account. Makes an alien inadmissible for U.S. entry if: (1) such alien has been deported for criminal street gang participation; or (2) the consular officer or the Secretary knows or has reasonable grounds to believe that such alien is a member of a criminal street gang seeking U.S. entry in furtherance of gang-related crimes or activities, or is a member of a designated criminal street gang. Makes an alien deportable who: (1) is a street gang member convicted of committing or attempting to commit a gang crime; or (2) is determined by the Secretary to be a member of a designated criminal street gang. Authorizes the Attorney General to designate a group or association as a criminal street gang. Requires mandatory detention of alien gang members subject to removal. Makes such aliens ineligible for asylum and protection from removal to certain countries. Authorizes expedited removal for aliens inadmissible for security or criminal grounds. Makes sexual abuse of a minor an aggravated felony for immigration purposes. Directs the Secretary to establish, and sets forth the provisions for, an employment eligibility verification system. Expands the employment eligibility verification system to include: (1) previously hired individuals; and (2) recruitment and referral. Sets forth civil and criminal penalty provisions for noncompliance. Provides for: (1) voluntary employer verification utilizing such system two years after enactment of this Act for previously hired individuals; (2) mandatory employer verification three years after enactment of this Act by federal, state, and local governments, and the military for employees not verified under such system working at federal, state or local government buildings, military bases, nuclear energy sites, weapons sites, airports, or critical infrastructure sites; and (3) mandatory employer verification six years after enactment of this Act for all employees not previously verified under such system. Makes employer participation in the basic pilot program mandatory two years after enactment of this Act. Authorizes the Board of Immigration Appeals to reverse an immigration judge's removal decision without remand. Eliminates judicial review of visa revocation. Authorizes reinstatement of a prior removal order against an alien illegally reentering the United States. Requires an alien applying for withholding of removal to establish that his or her life or freedom would be threatened in the country of return, and that race, religion, nationality, or political or social group would be a central factor in such threat. Subjects removal appeals to an initial certification of reviewability process by a single court of appeals judge. Requires all nonimmigrant applicants to waive any right to: (1) review or appeal a determination of inadmissibility at port of entry; or (2) contest, other than through asylum, any action for removal.
United States · United States Congress · 6 December 2005
Recognizes the importance of Christmas symbols and traditions and expresses support for their use. Expresses disapproval of attempts to ban references to Christmas.
United States · United States Congress · 18 November 2005
Children's Hope Act of 2005 - Amends the Internal Revenue Code to allow a tax credit, up to $100 ($200 for joint returns), for charitable contributions to an education investment organization that disburses 90% of its contributions to provide grants to students for elementary and secondary education expenses, if at least 50% of such disbursements go to students who qualify for free or reduced-cost school lunches. Requires a taxpayer claiming such credit to first claim a state qualified scholarship tax credit, as defined by this Act, as a condition of eligibility for the federal tax credit.
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 · 14 November 2005
Border Security and Terrorism Prevention Act of 2005 - Directs the Secretary of Homeland Security to: (1) take all appropriate actions, including development of a national border strategy, to maintain operational control over the U.S. international land and maritime borders; (2) report on cross-border security agreements with Mexico and Canada; (3) provide for biometric data enhancements; (4) report on the One Face at the Border Initiative; (5) increase Border Patrol agents, port of entry inspection personnel, and canine detection teams; and (6) report on the airspace security mission's impact on the National Capital Region. Directs the Secretary: (1) and the Secretary of Defense (DOD) to develop a plan to increase the availability of DOD surveillance equipment along the U.S. international land and maritime borders; (2) to assess border security vulnerabilities on Department of Interior land directly adjacent to the U.S. border; and (3) conduct a border security threat assessment and information sharing exercise. Requires the mandatory detention of illegal aliens apprehended at a U.S. port of entry or along the U.S. land or maritime borders. Permits release with notice to appear only if the alien: (1) is not a security risk; and (2) provides a bond of at least $5,000. Directs the Secretary to: (1) utilize all available Department of Homeland Security (DHS) detention facilities; (2) enhance private transport capacity with respect to illegal alien detention; and (3) report annually on repatriation costs. Amends the Immigration and Nationality Act to deny admission to the nationals of a country that refuses or delays acceptance of its nationals ordered removed from the United States. Amends the Homeland Security Act of 2002 to establish in DHS an Office of Air and Marine Operations whose primary mission shall be to prevent the entry of terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband into the United States. Directs the Secretary to transfer to United States Immigration and Customs Enforcement all functions of the Customs Patrol Officers unit operating on the Tohono O'odham Indian reservation (the "Shadow Wolves" unit). Authorizes the Secretary to establish within United States Immigration and Customs Enforcement additional Customs Patrol units to operate on Indian lands.
United States · United States Congress · 10 November 2005
Choctaw Code Talkers Recognition Act - Authorizes the President to present on behalf of Congress (where appropriate, posthumously) congressional gold medals honoring the Choctaw Code Talkers who distinguished themselves in performing a unique, highly successful communications operation that greatly assisted in saving countless lives and in hastening the end of World War I.
United States · United States Congress · 4 November 2005
Constitutional Amendment - Authorizes the President to reduce or disapprove appropriations in any bill, order, resolution, or vote, which is presented to him or her. Declares that any legislation that the President approves and signs after such amendment shall become law as so modified. Requires the President to return those portions of the legislation that contain reduced or disapproved appropriations with objections to the chamber where such legislation originated. Allows Congress to consider separately any reduced or disapproved appropriations in the manner prescribed under the U.S. Constitution for bills disapproved by the President.
United States · United States Congress · 19 October 2005
Secure Our Nation's Interior Act of 2005 - Amends the Immigration and Nationality Act to revise expedited removal provisions to: (1) apply such provisions to an alien who has not been physically present in the United States continuously for the one-year (currently, two-year) period immediately prior to the date of determination of inadmissibility; and (2) exempt from such authority an alien who has been charged with a crime, is in criminal proceedings, or is serving a criminal sentence. States that state or local law enforcement personnel have the inherent authority of a sovereign entity to apprehend, arrest, detain, or transfer to federal custody aliens in the United States (including the transportation of such aliens across state lines to detention centers) in the enforcement of U.S. immigration laws. Directs, upon state or appropriate local request, the Secretary of the Department of Homeland Security (DHS) to: (1) take an illegal alien into federal custody, or request that the relevant state or local law enforcement agency temporarily incarcerate or transport the alien for transfer to federal custody; and (2) designate at least one federal, state, or local prison, or a private contracted prison or detention facility within each state as the central facility for that state to transfer custody of aliens to DHS. Provides for DHS reimbursement of state and local costs incurred in the incarceration and transportation of illegal aliens. Provides that: (1) aliens (including alien crewmen) seeking admission or readmission to or transit through the United States must be inspected by immigration officers; (2) no alien may be admitted to the United States without having been processed through the automated entry-exit control system; and (3) such system shall verify the identity of every arriving and departing alien by comparing in real time the biometric identifier on such alien's travel or entry document or passport with the arriving or departing alien.
United States · United States Congress · 7 October 2005
Designates the facility of the United States Postal Service located at 6110 East 51st Place in Tulsa, Oklahoma, as the "Dewey F. Bartlett Post Office."
United States · United States Congress · 29 September 2005
Declares that new Federal Motor Carrier Safety Administration (FMCSA) hours of service regulations with respect to property-carrying commercial motor vehicles equipped with sleeper berths shall become enforceable on January 1, 2006. Continues the effectiveness and enforceability until such date of the hours of service regulations in effect as of January 4, 2004, and any compatible state law.
United States · United States Congress · 27 September 2005
Outer Continental Shelf Energy Relief Act - Declares that all provisions of existing federal law prohibiting the spending of appropriated funds to conduct natural gas leasing and preleasing activities for any area of the Outer Continental Shelf have no force or effect. Revokes all existing withdrawals made by the President under the authority of the Outer Continental Shelf Lands Act (OCSLA). States such withdrawals are no longer in effect with respect to natural gas leasing, exploration, development or production. Amends the OCSLA leasing program to instruct the Secretary, in each five-year 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 OCS Planning Area. Prescribes guidelines for sharing with certain coastal states bonus bid and royalty revenues received from existing and future federal gas leases on lands located within state seaward boundaries. Authorizes the Secretary to issue leases for development and production only of natural gas and associated condensate (natural gas-only leasing).
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
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 · 20 September 2005
Designates the Department of Veterans Affairs medical center in Muskogee, Oklahoma, as the "Jack C. Montgomery Department of Veterans Affairs Medical Center."
United States · United States Congress · 20 September 2005
Fuel Supply Improvement Act of 2005 - Prescribes guidelines to expedite federal permitting procedures for construction or expansion of a domestic petroleum refining facility. Applies such expedited permit procedures exclusively to permits under specified environmental protection statutes. Directs the Secretary of Energy, upon applicant request, to provide direct legal representation to a refining facility applicant to defend against a lawsuit regarding the permit approval procedure, or facility construction or expansion, if the Secretary believes the lawsuit is without merit, is brought solely to delay facility completion, or will have the effect of delaying facility completion in a period when U.S. domestic refining capability is insufficient. Instructs the Secretary to establish an office of regulatory assistance whose sole purpose is to assist applicants with permit applications, planning, and otherwise pursuing the construction or expansion of a domestic petroleum refining facility. Grants the Secretary contracting authority with sponsors of new large-sized petroleum refining facilities. Establishes in the Department of Energy the Refinery Standby Support Program Account and the Refinery Standby Support Grant Account to cover loan costs and costs resulting from certain construction delays. Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency to provide within new source review regulations that equipment replacement shall be considered routine maintenance and repair if it: (1) does not increase actual emissions of any air pollutant by more than 5%; and (2) does not increase actual emissions of any air pollutant by more than 40 tons per year. Directs the Secretary of the Interior to charge a discounted price in any sale to a qualified small refinery of crude oil obtained by the United States as royalty-in-kind.
United States · United States Congress · 13 September 2005
Home School Non-Discrimination Act of 2005 - Amends the Higher Education Act of 1965 (HEA) with respect to: (1) student aid eligibility of home-schooled students who have satisfied certain secondary education standards; and (2) institutional aid eligibility of the higher education institutions that such students attend. Amends the Individuals with Disabilities Education Act (IDEA) to provide that, if a parent does not consent to an initial evaluation or special education or related services for a child with a disability, the local educational agency shall not be required to convene an individualized education program (IEP) meeting or develop an IEP for such child. Amends the Internal Revenue Code with respect to qualified elementary and secondary education expenses (the Coverdell Education Savings Account) to include home schools if they are treated as a home school or private school under state law. Amends the Family Educational Rights and Privacy Act of 1974 to prohibit release of certain information on and educational records of students in nonpublic education, including any student educated at home or in a private school in accordance with state law, without written parental consent. Amends HEA to include students at home schools, whether treated as a home school or a private school under state law, among those prospective secondary school graduates eligible to apply for the Robert C. Byrd Honors Scholarship Program for higher education. Amends the Fair Labor Standards Act of 1938 to direct the Secretary of Labor to extend the hours and periods of permissible employment of employees between the ages of 14 and 16 years who are privately educated at a home school, whether the home school is treated as a home school or a private school under state law, beyond those hours and periods applicable to employees of such ages who are educated in traditional public schools. (Thus allows home-school students to be employed during the traditional school day.) Amends specified federal law with respect to policies on recruitment and enlistment of home schooled students in the Armed Forces.
United States · United States Congress · 7 September 2005
Cleanup and Reconstruction Enhancement Act (CARE Act) - Suspends Davis-Bacon Act wage rate requirements for federal contracts in areas declared national disasters, for a one-year period after such declaration.
United States · United States Congress · 7 September 2005
Commends the University of Oklahoma Sooners for their third National Collegiate Athletic Association (NCAA) Division I Gymnastics Championship in the last four years.
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 · 28 July 2005
Loser Pays Legal Fee Fairness Act - States that whenever federal law provides a basis on which a court may award attorney's fees to one prevailing party, the court may award such fees to any prevailing party on that basis, except where the law permits the award of such fees only to the United States.
United States · United States Congress · 22 July 2005
Amends the National Labor Relations Act to provide for inflation adjustments to the mandatory jurisdiction thresholds of the National Labor Relations Board.
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 · 14 July 2005
Growing Real Ownership for Workers Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) to add a new part B (GROW Accounts Program) under which a GROW Accounts Board shall establish a GROW account for each participating individual. Directs the Secretary of the Treasury, during each calendar year, to transfer to the Board for deposit into an interim fund, amounts equal in the aggregate to 100% of the net OASDI Trust Fund surplus for such calendar year. Requires the interim fund to be invested by the Board in marketable Government Securities. Provides for distributions of an account balance at retirement and treatment of part A (Old Age, Survivors, and Disability Insurance) benefit payments. Amends the Internal Revenue Code to: (1) exempt all GROW accounts from federal taxes; (2) make account distributions taxable as Social Security benefits; and (3) exempt assets of GROW accounts from the estate tax.
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 · 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
Criminal Alien Accountability Act - Amends the Immigration and Nationality Act to establish minimum imprisonment terms for specified categories of aliens subject to criminal fines, imprisonment, or both, for reenrty as removed aliens. (Such provision does not apply to aliens removed for security or terrorist grounds.) Subjects an individual who knowingly aids or conspires to allow, procure, or permit any such alien to reenter the United States to criminal penalty, the same imprisonment term as applies to the alien so aided, or both. .
United States · United States Congress · 30 June 2005
Major Regulation Cost Review Act of 2005 - Amends Federal civil service law to require each Federal agency to publish in the Federal Register a plan, which may be amended at any time by publishing a revision, for the periodic review of all the major rules issued by the agency. Requires that the plan provide for review within five years after publication as a final rule, with a five year extension permitted. Directs the agency, in reviewing major rules, to consider: (1) the continued need for the rule; (2) the nature of complaints or comments received from the public concerning the rule; (3) the complexity of the rule; (4) the extent to which the rule overlaps, duplicates, or conflicts with other Federal rules, and with State and local governmental rules; and (5) the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed in the area affected by the rule. Requires that: (1) the review include a cost-benefit analysis of the rule, including an identification and consideration of a range of less costly regulatory alternatives; and (2) each year each agency publish a list of the major rules which are to be reviewed and which are to be included in the accounting statement and associated report submitted to Congress by the Director of the Office of Management and Budget. Makes conforming changes to the Treasury and General Government Appropriations Act, 2001.
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 · 24 June 2005
Expresses disagreement with the majority opinion in Kelo et al. v. City of New London et al. ( Kelo) and its holdings that effectively negate the public use requirement of the takings clause of the Fifth Amendment to the U.S. Constitution. Expresses the sense of the House of Representatives that state and local governments: (1) should only execute the power of eminent domain for the public good; (2) must always justly compensate affected individuals in accordance with the Fifth Amendment; (3) should never use eminent domain to advantage one private party over another; and (4) should not construe Kelo as justification to abuse the power of eminent domain. Reserves to Congress the right to address through legislation any abuses of eminent domain by state and local government in light of Kelo .
United States · United States Congress · 21 June 2005
Parent's Right to Know Act of 2005 - Prohibits any funds appropriated for carrying out federal family planning programs from being made available to any family planning project if any service provider in the project knowingly provides contraceptive drugs or devices to a minor, unless: (1) such provider has given actual written notice to a custodial parent or legal guardian at least five business days prior to providing the drugs or prescription devices; (2) the minor has written consent of a parent or legal guardian; (3) the minor is emancipated; or (4) a court has directed that the minor may receive such drugs or prescription devices. Requires providers to certify to the Secretary of Health and Human Services compliance with this Act.
United States · United States Congress · 14 June 2005
Commends the millions of fathers who serve as wonderful, caring parents for their children. Calls on fathers across the nation to use Father’s Day to reconnect and rededicate themselves to their children’s lives, to spend Father’s Day with their children, and to express their love and support for their children. Urges men to understand the level of responsibility fathering a child requires, especially in the encouragement of the moral, academic, and spiritual development of children. Encourages active involvement of fathers in the rearing and development of their children, including the devotion of time, energy, and resources.
United States · United States Congress · 9 June 2005
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 · 26 May 2005
U.S.S. Oklahoma Memorial Act of 2005 - Directs the Secretary of the Interior to: (1) identify an appropriate site on Ford Island, Hawaii, for the location of a memorial to the U.S.S. Oklahoma, which was sunk during the attack on Pearl Harbor on December 7, 1941; (2) after such site has been identified, establish and administer a memorial to the U.S.S. Oklahoma as part of the U.S.S. Arizona Memorial, a unit of the National Park System; and (3) submit to Congress a memorialization plan for the part of Pearl Harbor where U.S. naval vessels were attacked on December 7, 1941.
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
Pledge Protection Act of 2005 - Amends the Federal judicial code to deny jurisdiction to any Federal court, and appellate jurisdiction to the Supreme Court, to hear or decide any question pertaining to the interpretation of the Pledge of Allegiance or its validity under the Constitution. Makes this limitation inapplicable to: (1) any court established by Congress under its power to make needful rules and regulations respecting the territory of the United States; or (2) the Superior Court of the District of Columbia or the District of Columbia Court of Appeals.
United States · United States Congress · 12 May 2005
Health Care Choice Act of 2005 - Amends the Public Health Service Act to provide that the laws of the primary state (as designated by the health insurance issuer) apply to individual health insurance coverage offered by that issuer both in the primary state and in any secondary state if the coverage and issuer comply with this Act. Exempts health insurance issuers from any laws of the secondary state that would: (1) regulate the operation of the health insurance issuer in the secondary state, except for certain activities, including paying taxes and registering with the state insurance commissioner; (2) require any individual health insurance coverage issued by the issuer to be countersigned by an agent or broker residing in the secondary state; or (3) discriminate against the issuer issuing insurance in both the primary state and any secondary state. Prohibits a health insurance issuer that provides individual health insurance coverage in a primary or secondary state from: (1) upon renewal, taking certain actions based on health-status related factors, including increasing premiums assessed; and (2) offering coverage in a secondary state that is not currently offered for sale in the primary state. Allows states to require brokers to obtain a license from that state, but not to impose any requirements that discriminate against nonresident brokers. Requires health insurance issuers offering coverage in both primary and secondary States state to submit to the insurance commissioner of each state: (1) a copy of a plan of operation, a feasibility study, or similar statement; (2) written notice of any change in designation of its primary state; and (3) quarterly financial statements. Sets forth requirements (regarding determination of capital and an independent review process) that must be met by primary states in order for an issuer to provde insurance in a secondary state. Gives sole jurisdiction to primary states to enforce the covered laws in primary and secondary states.
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.
![Official portrait of Rep. Istook, Ernest J., Jr. [R-OK-5]](https://www.congress.gov/img/member/i000047_200.jpg)