United States · United States Congress · 8 November 2005
Veterans' Right to Know Act - Establishes the Veterans' Right to Know Commission to: (1) investigate chemical or biological warfare tests or projects, especially those carried out between 1954 and 1973, placing particular emphasis on actions or conditions that could have contributed to health risks to any civilian or military personnel who participated in such a test or project or were otherwise potentially exposed to a biological or chemical agent as a result; and (2) report to Congress on its findings and recommendations.
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 · 27 October 2005
National Uniformity for Food Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to prohibit any state or political subdivision from establishing or continuing in effect for any food in interstate commerce: (1) any requirement that is not identical to specified FFDCA provisions (that would result in materially different requirements), including those related to adulterated foods, unsafe food additives, and new animal drugs; or (2) any notification requirement that provides for a warning concerning the food's safety that is not identical to FFDCA provisions. Allows a state to petition for an exemption or to establish a national standard regarding any requirement under FFDCA or the Fair Packaging and Labeling Act relating to food regulation. Allows the Secretary of Health and Human Service to provide such an exemption if the requirement: (1) protects an important public interest that would otherwise be unprotected; (2) would not cause any food to be in violation of any federal law; and (3) would not unduly burden interstate commerce. Allows a state to establish a requirement that would otherwise violate FFDCA provisions relating to national uniform nutrition labeling or this Act if the requirement is needed to address an imminent hazard to health that is likely to result in serious adverse health consequences and if other requirements are met. Declares that this Act does not preempt certain state and local laws relating to labeling or a consumer advisory relating to food sanitation imposed on a food establishment or recommended by the Secretary.
United States · United States Congress · 27 October 2005
Provides for the consideration of a petition for federal recognition as an Indian tribe by the Lumbee Indians of Robeson and adjoining counties of North Carolina. Expresses the sense of the Congress that review of such petition should not unnecessarily delay review of petitions awaiting active consideration.
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 · 25 October 2005
Private Property Rights Protection Act of 2005 - Prohibits any state or political subdivision from exercising its power of eminent domain for economic development if that state or political subdivision receives federal economic development funds during the fiscal year. Makes a state or political subdivision that violates such prohibition ineligible for any such funds for two fiscal years. Prohibits the federal government from exercising its power of eminent domain for economic development. Establishes a private cause of action for any private property owner who suffers injury as a result of a violation of this Act. Sets the statute of limitation for such an action at seven years. Allows the prevailing plaintiff's attorney to obtain reasonable attorney's fees and expert fees. Requires the Attorney General to: (1) compile a list of the federal laws under which federal economic development funds are distributed; (2) provide to each state and publish on a Department of Justice website the text of this Act, a description of the rights of property owners under this Act, and the compiled list of relevant federal laws; and (3) publish such text and description in the Federal Register. Requires the Attorney General to submit an annual report to the Chairman and Ranking Member of the appropriate congressional committees identifying states or political subdivisions that have used eminent domain in violation of this Act.
United States · United States Congress · 24 October 2005
Expresses the sense of the House of Representatives that the United States: (1) must move rapidly to increase the productivity with which it uses fossil fuel, and to accelerate the transition to renewable fuels and a sustainable, clean energy economy; and (2) should establish, in collaboration with other international allies, an energy project with the magnitude, creativity, and sense of urgency of the "Man on the Moon" project to develop a comprehensive plan to address the challenges presented by Peak Oil.
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 · 19 October 2005
Border Security Improvement Act - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to: (1) make the Secretary of Homeland Security rather than the Attorney General responsible for border barrier improvements; and (2) direct the Secretary to provide for construction of a fence along the entire U.S. southern border.
United States · United States Congress · 7 October 2005
Amends the Immigration and Nationality Act to eliminate the Secretary of Homeland Security's discretionary authority to order expedited removal, except that if the Secretary determines after consulting with appropriate federal, state, or local law enforcement agencies that the alien will be detained under the authority of such an agency, the Secretary may not remove the alien until such detention terminates. Amends the Truth in Lending Act to prohibit residential mortgages for aliens residing unlawfully in the United States.
United States · United States Congress · 7 October 2005
Disabled Veterans Fairness Act - Eliminates a $3 per round trip deductible charged by the Secretary of Veterans Affairs in connection with the veterans beneficiary travel program (a program authorizing a travel allowance or reimbursement for beneficiaries providing transportation for veterans to obtain medical care). Directs the Secretary, in determining the amount of such allowance or reimbursement, to use the mileage reimbursement rates for the use of privately owned vehicles by government employees traveling on official business.
United States · United States Congress · 6 October 2005
Financial Data Protection Act of 2005 - Amends the Fair Credit Reporting Act to prescribe safeguards for data security. Declares that each consumer reporter shall have an affirmative obligation to implement policies and procedures to protect the security and confidentiality of any consumer's sensitive financial personal information maintained, serviced, or communicated by or on the reporter's behalf against any unauthorized use reasonably likely to result in substantial harm or inconvenience to the consumer. Defines "consumer reporter" as any consumer reporting agency, financial institution, or person: (1) which, for monetary fees, dues, on a cooperative nonprofit basis, or otherwise regularly engages in the practice of assembling or evaluating consumer information for the purpose of furnishing consumer reports to third parties, of providing or collecting payment for or marketing products and services, or for employment purposes; and (2) which uses any means or facility of interstate commerce for such purposes. Prescribes implementation guidelines that include: (1) investigation requirements; (2) investigation notices and system restoration requirements; (3) third party duties; (4) consumer notice; (5) financial fraud mitigation; and (6) free file monitoring. Directs the Secretary of the Treasury, the Board of Governors of the Federal Reserve System, and the Federal Trade Commission jointly to develop implementing standards and guidelines.
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
Ensure Prescription Drug Coverage Act of 2005 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to lengthen through June 30, 2007, the initial enrollment period for the Medicare prescription drug program. Extends through December 31, 2007, the period during which a discount card eligible individual may enroll in an endorsed discount card program..
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 · 22 September 2005
Protecting Our Children Act of 2005 - Sex Offender Registration and Notification Act - Requires: (1) each state, the District of Columbia, Puerto Rico, Guam, American Samoa, the Northern Mariana Islands, the U.S. Virgin Islands, and each federally recognized Indian tribe to maintain a sex offender registry; and (2) each sex offender to register in the jurisdictions where the offender resides, is an employee, and is a student. Requires the Attorney General to: (1) maintain a National Sex Offender Registry at the Federal Bureau of Investigation (FBI); (2) establish a Sex Offender Management Assistance program; and (3) provide technical assistance to jurisdictions in identifying and locating sex offenders relocated as a result of Hurricane Katrina. Authorizes the Attorney General to make grants to apprehend sex offenders. Establishes within the Department of Justice a Children's Safety Office. DNA Fingerprinting Act of 2005 - Amends: (1) the DNA Identification Act of 1994 to expand the scope of DNA (deoxyribonucleic acid) samples to be included in the National DNA Index System; and (2) the DNA Analysis Backlog Elimination Act of 2000 to authorize the Attorney General to collect DNA samples from individuals who are arrested, detained, or convicted under U.S. authority. Prevention and Deterrence of Crimes Against Children Act of 2005 - Increases penalties for violent crimes against minors. Protection Against Sexual Exploitation of Children Act of 2005 - Increases penalties for sexual offenses against children. Foster Child Protection and Child Sexual Predator Sentencing Act of 2005 - Requires background checks and checks of national crime information databases and state child abuse registries before approval of foster or adoptive placements. Amends the federal criminal code to prohibit the sale of a firearm to a person convicted of a misdemeanor sex offense against a minor. Directs the Attorney General to: (1) create a national register of cases of child abuse or neglect; and (2) establish standards for disseminating that information. Child Pornography Prevention Act of 2005 - Prohibits producers of visual depictions of actual sexually explicit conduct from refusing to permit the Attorney General to conduct inspections of records at business premises. Modifies the definition of "produces" to include actually filming, videotaping, photographing, or digitally manipulating an image of an actual human being that contains a visual depiction of such conduct. Prohibits misappropriating the personally identifiable information of a minor.
United States · United States Congress · 22 September 2005
Medicare Informed Choice Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to: (1) provide for an extended period of open enrollment during all of 2006 without late enrollment penalty; (2) give Medicare beneficiaries the opportunity to make a one-time change in prescription drug plan enrollment at any point in 2006; and (3) provide protection from loss of employment-based retiree health coverage upon enrollment for Medicare prescription drug benefit, including a Medicare Advantage-Prescription Drug benefit, during 2006.
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
Gasoline Price Relief Act of 2005 - Amends the Internal Revenue Code to allow individual taxpayers who own a highway vehicle fueled in whole or in part by gasoline or diesel fuel a nonrefundable income tax credit of $500 ($1,000 if filing jointly).
United States · United States Congress · 15 September 2005
Expresses the sense of Congress that the U.S. Supreme Court should speedily find the recitation of the Pledge of Allegiance in schools to be consistent with the Constitution.
United States · United States Congress · 14 September 2005
Scott Gardner Act - Directs the Secretary of Homeland Security to share immigration information with the Attorney General. Requires a joint report from such officials to Congress on improving the performance of federal immigration databases to ensure the prompt entry of immigration information. Requires: (1) the director of each state and local law enforcement agency to collect and report to the Secretary all immigration and DWI (driving while intoxicated) information collected in the course of normal duties; and (2) such information to appear as a flag on the wants/warrants page of the National Criminal Information Center (NCIC) database. Amends the Immigration and Nationality Act to: (1) require the Secretary to reimburse the costs of training state and local law enforcement employees on federal immigration laws; and (2) authorize the apprehension and detention of an alien for DWI or a similar violation, as long as the alien is deportable on any other grounds or is an illegal alien. Requires each state motor vehicle administrator to share with the Secretary all information concerning aliens with records of DWI convictions or refusals to take sobriety tests. Directs the Secretary to submit to Congress a formula for the allocation of federal detention facilities for aliens.
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
Secure the Outside Perimeter (STOP) Act of 2005 - Directs the Secretary of Homeland Security to prevent all illegal border crossings into the United States by January 1, 2007. Waives the provisions of all U.S. laws, including the Endangered Species Act of 1973 and the National Environmental Policy Act of 1969, to the extent that the Secretary determines necessary to prevent such border crossings.
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
Financial Services Regulatory Relief Act of 2005 - Amends the Revised Statutes of the United States to: (1) revise capital stock ownership requirements for directors of national banks and national bank dividends; and (2) repeal the capital requirements for new intrastate branches, including capital stock and surplus requirements. Amends the Home Owners' Loan Act to prescribe guidelines for investments by a federal savings association to promote the public welfare of low- and moderate-income communities or families through housing, services, and jobs. Permits mergers of federal savings association with nondepository institution affiliates. Increases the limits placed on commercial real estate loans. Repeals the one limit on loans to one borrower. Cites circumstances that would permit interstate acquisitions by a savings and loan holding company. Amends the Federal Home Loan Bank Act to permit certain privately insured credit unions to become Federal Home Loan Bank members. Amends the Federal Credit Union Act (FCUA) to: (1) authorize a credit union to make investment securities for its own account; (2) increase the 12-year loan limitation to 15 years; (3) increase the investment limit in credit union service organizations; (4) exempt loans to nonprofit religious organizations from the restrictions relating to credit union net worth or capitalization standards; and (5) exempt multiple common-bond credit union mergers and conversions from numerical limitations. Authorizes State regulatory authorities to examine and enforce compliance relating to nonfederally insured credit unions. Amends the FDIA to permit interstate bank mergers between insured banks with different home states. Prohibits interstate branching by subsidiaries of commercial firms. Amends the National Bank Consolidation and Merger Act to permit the merger of a national bank which is a trust company with any trust company with a different home state under the same terms and conditions as though they were located in the same state. Amends the National Bank Receivership Act and the FDIA to permit a bank placed in receivership to bring an action for a federal court order requiring removal of the receiver. Amends the FRA and the Bank Holding Company Act Amendments of 1970 to repeal specified insider lending reporting requirements. Amends the Depository Institution Management Interlocks Act to quintuple the size of the assets of a small depository institution exempt from the prohibition against depository institution management interlocks in the same metropolitan statistical area. Amends the Bank Holding Company Act of 1956 to exempt from the proscription against cross marketing of commercial activities those depository institutions that are controlled by a twenty-five percent (or less) holding-company-shareholder. Sets forth banking agency provisions which authorize: (1) waiver of examination schedules; (2) interagency data sharing; (3) destruction of old records of a depository institution by the FDIC after its appointment as receiver; and (4) short form reports of condition for certain community banks. Modifies guidelines governing the currency transaction reporting system.
United States · United States Congress · 28 July 2005
Medicare Durable Medical Equipment Access Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to prohibit the Secretary of Health and Human Services from awarding any contracts under the competitive durable medical equipment items and services acquisition program unless: (1) the quality standards have been implemented; and (2) the Secretary has received advice from the program oversight committee. Requires the Secretary (who currently is authorized), in carrying out competitive acquisition programs, to exempt: (1) rural areas and areas with low population density within urban areas that are not competitive, unless there is a significant national market through mail order for a particular item or service; and (2) items and services for which the application of competitive acquisition is not likely to result in significant savings. Adds to such exemptions smaller metropolitan statistical areas. Modifies requirements for the protection of small suppliers in bidding and contracting. Requires the Secretary to permit suppliers classified as small businesses to continue to participate as suppliers at the selected award price so long as they submit bids at less than the fee schedule amount otherwise applicable to the items and they otherwise comply with applicable program requirements. Provides for appeal rights (currently denied). Requires the Secretary to exempt from competitive acquisition requirements items and services for which the application of competitive acquisition is not likely to result in significant savings of at least 10%. Prohibits the Secretary from implementing a program with respect to an item or service unless the Secretary demonstrates a probability of achieving significant savings of at least 10%, compared to the fee schedule in effect on January 1, 2006, by including the item or service in the program. Prohibits the Secretary from implementing certain requirements for the payment basis for covered items furnished after January 1, 2009, with respect to the application of rates in an area that is not a competitive acquisition area, unless the Secretary has completed and published in the Federal Register a comparability analysis to ensure the application is appropriate. Requires application of the comparability analysis requirement to certain other part B items and services.
United States · United States Congress · 28 July 2005
Safety Net Inpatient Drug Affordability Act - Amends the Public Health Service Act to expand the discount drug program to include any inpatient or outpatient drug purchased by qualified hospitals without a group purchasing arrangement. (Currently, such hospitals are only allowed to purchase discounted outpatient drugs.) Requires such hospitals to provide the state with a rebate on the estimated annual costs of single source, innovator multiple source, and noninnovator multiple source drugs provided to Medicaid recipients for inpatient use. Sets forth a method for calculating the amount of such rebate. Allows critical access hospitals that do not obtain covered outpatient drugs through a group purchasing organization or other group purchasing arrangement to participate in the discount drug program.
United States · United States Congress · 28 July 2005
Constitutional Amendment - Terminates the appointment of a judge of a court of general original jurisdiction established under Article III of this Constitution who sits in a state unless the legislative and executive authorities of that state approve that judge's continuation in office at least once every ten years after the judge's appointment.
United States · United States Congress · 27 July 2005
Amends the Internal Revenue Code to allow tax free rollovers of military death gratuities to Roth individual retirement accounts, health savings and Archer medical savings accounts, and Coverdell education savings accounts.
United States · United States Congress · 27 July 2005
States that the President and the Secretary of Homeland Security should: (1) use every available tool to secure the borders against illegal entry; (2) seek state and local law enforcement assistance in enforcing immigration laws, whether through formal cooperation agreements or through the elimination of sanctuary policies; and (3) warn Mexico that any further actions it takes to encourage illegal immigration to the United States will be viewed as domestic interference in violation of the Vienna Convention on Consular Relations. States that the President should announce his opposition to granting legal status, or amnesty, to illegal aliens and that he and the Secretary will use every available tool to stop illegal immigration into the United States and to announce efforts to remove illegal aliens from the United States.
United States · United States Congress · 26 July 2005
Designates the facility of the United States Postal Service located at 201 North 3rd Street in Smithfield, North Carolina, as the "Ava Gardner Post Office."
United States · United States Congress · 26 July 2005
Authorizes the superintendent of a military service academy to have in effect a policy of offering a voluntary, nondenominational prayer at an authorized academy activity, subject to such limitations as the Secretary of Defense may prescribe.
United States · United States Congress · 26 July 2005
Second Amendment Protection Act of 2005 - Expresses the sense of Congress that the United States should not provide financial support to international entities that abridge the constitutionally protected rights of law-abiding U.S. citizens to keep and bear arms. Prohibits U.S. funding to the United Nations for a fiscal year unless the President certifies to Congress that the United Nations has not taken action to restrict or otherwise adversely infringe upon the rights of U.S. individuals to possess a firearm or ammunition, including the imposition of a tax that will interfere with the right to own a firearm or ammunition.
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
Modifies the concurrent resolution on the budget for FY2006, with respect to major functional categories, to: (1) increase new budget authority and outlays for Veterans Benefits and Services; and (2) reduce such authority and outlays for International Affairs. Provides that such modifications shall have force and effect as though included in the resolution.
United States · United States Congress · 19 July 2005
Rewarding Employers that Abide by the Law and Guaranteeing Uniform Enforcement to Stop Terrorism Act of 2005 or the REAL GUEST Act of 2005 - Amends the Immigration and Nationality Act (INA) to establish a new guest worker program that replaces the current H nonimmigrant visa category with a single H-visa covering all aliens coming to the United States temporarily to perform skilled or unskilled work, where U.S. workers are not available or could not be trained in less than one year. Increases: (1) border inspectors; (2) benefits fraud inspectors; and (3) immigration and customs enforcement attorneys. Amends the Posse Comitatus Act to authorize U.S. military use for border enforcement. Suspends the visa waiver program until the Secretary of Homeland Security certifies full implementation of an automated entry-exit system and the use of biometric machine readers and passports. Amends INA to establish criminal and forfeiture penalties for unlawful presence. Enhances civil and criminal penalties for document fraud and false statements of citizenship. Revises provisions respecting: (1) valid identification documents for federal benefits purposes; (2) U.S. passports; (3) Social Security cards and accounts; (4) state licenses and identification documents; (5) adjustment of status; and (6) asylum termination. Provides for federal custody of illegal aliens upon state or local request. Establishes a visa term compliance bond. Directs the Secretary to establish a U.S. Immigration and Customs Enforcement Office of Investigations in Tulsa, Oklahoma. Renames the employment authorization verification pilot program as the EASI Check system, and makes such program mandatory and permanent. Sets forth program provisions. Increases employer penalties for hiring, recruiting, or referral violations, including permanent ineligibility to petition for H-visa workers. Amends the Internal Revenue Code to: (1) provide for individual taxpayer identification number (TIN) sharing between the Internal Revenue Service (IRS) and the Department of Homeland Security (DHS); (2) restrict tax credit eligibility for persons using a TIN rather than a social security number; and (3) provide maximum penalties for certain noncomplying employers. Declares that states and localities have the inherent authority to arrest, detain, or transfer aliens in the enforcement of U.S. immigration laws. Requires Cameron University, Lawton, Oklahoma, to establish an immigration training demonstration project for state, local and tribal law enforcement officers. Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to: (1) revise funding provisions for federal reimbursement of emergency health services furnished to undocumented aliens; (2) require an eligible health care provider in order to be paid for services to obtain and forward to U.S. Immigration and Customs Enforcement (ICE) an alien's citizenship information; and (3) eliminate coverage for Mexicans with border crossing cards.
United States · United States Congress · 14 July 2005
Abolishment of Obsolete Agencies and Federal Sunset Act of 2005 - Establishes the Federal Agency Sunset Commission to: (1) submit to Congress a schedule for review by the Commission, at least once every 12 years, of the abolishment or reorganization of each agency; (2) review and evaluate the efficiency and public need for each agency using specified criteria; (3) recommend whether each agency should be abolished or reorganized; and (4) report to Congress on all legislation introduced that would establish a new agency or a new program to be carried out by an existing agency. Requires the abolishment of any agency within one year of the Commission's review, unless the agency is reauthorized by Congress. Authorizes the deadline for abolishing an agency to be extended for an additional two years by legislation enacted by a super majority of the House of Representatives and the Senate. Directs the Comptroller General and the Director of the Congressional Budget Office, in cooperation with the Director of the Congressional Research Service, to prepare an inventory of Federal programs within each agency for the purpose of advising and assisting Congress and the Commission in carrying out the requirements of this Act.
United States · United States Congress · 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
Build Houses for Our Military's Enlisted Servicemembers Act or the Build HOMES Act - Amends the Department of Housing and Urban Development Act to exclude basic housing assistance amounts received by a member of the Armed Forces from consideration as income for any federal housing assistance program.
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
Veterans Road to Health Care Act of 2005 - Directs the Secretary of Veterans Affairs to pay the travel expenses of a veteran whose travel is in connection with treatment or care for a non-service-connected disability at a non-Department of Veterans Affairs facility if the treatment or care: (1) is provided upon the recommendation of Department medical personnel; and (2) is not available at the Department medical center or clinic at which the recommendation is made. Requires the Secretary, in calculating travel expenses under the Veterans Beneficiary Travel Program, to utilize the current Federal mileage reimbursement rates for the use on official business of privately owned vehicles.
United States · United States Congress · 30 June 2005
Amends the Public Health Service Act to require the Director of the Agency for Healthcare Research and Quality (AHRQ) to make grants for research centers (each to be known as a Center for Clinical Discovery) to accelerate next-generation approaches to the development of new therapies and diagnostics by: (1) bringing together patients, researchers with specialized expertise, and sophisticated technologies; and (2) basing such development on individual genotypes and individual variations in cell and molecular physiology.
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.
![Official portrait of Rep. Jones, Walter B., Jr. [R-NC-3]](https://www.congress.gov/img/member/j000255_200.jpg)