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
Amends the Federal Food, Drug, and Cosmetic Act to prohibit the Secretary of Health and Human Services from approving an application for a drug the intended use of which would infringe the right to life, including a drug intended to assist with suicide or induce an abortion. Deems past approved applications for such drugs to be withdrawn and deems such drugs to be adulterated.
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 · 26 July 2005
Savings for Seniors Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to establish in the Federal Old-Age and Survivors Insurance Trust Fund a Social Security Surplus Protection Account to hold the Social Security surplus. Denies the availability of the balance in the Account for investment by the Managing Trustee. Establishes in the executive branch of Government a Social Security Investment Commission to study and report to the President and Congress on the most effective vehicles for investment of the Federal Old-Age and Survivors Insurance Trust Fund, other than investment in the form of U.S. obligations resulting in the transfer of Trust Fund assets to the general fund of the Treasury.
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
AMT Credit Fairness Act of 2005 - Amends the Internal Revenue Code to: (1) make unused alternative minimum tax credits more than four years old refundable at the greater of 20 percent annually or $5,000 per year; and (2) require corporations to provide stock option recipients with certain tax disclosures.
United States · United States Congress · 21 July 2005
Recognizes the historical significance of the 75th anniversary of the death of Glenn Hammond Curtiss. Supports the establishment of Glenn Hammond Curtiss Day to recognize his contributions to motorcycle design and racing, naval aviation, and the American aircraft industry.
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
Television Viewer Consumer Protection Act of 2005 - Prohibits a television ratings service from selling or otherwise providing data from a television ratings measurement system that produces television ratings data to be used commercially as currency ratings unless that system has been accredited by the Media Ratings Council. Requires any dispute between a ratings service and the Council to be resolved according to the commercial rules of the American Arbitration Association.
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 · 12 July 2005
Fire Protection Improvement and Correction Act of 2005 - Directs the Secretary of Labor to update an Occupational Safety and Health Administration fire protection safety standard to incorporate the current consensus standard of the National Fire Protection Association for fire protection for styrene cross-linked composites manufacturing.
United States · United States Congress · 30 June 2005
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
Constitutional Amendment - Declares that people retain the right to pray and to recognize their religious beliefs, heritage, and traditions on public property, including schools. Prohibits the United States or the states from establishing any official religion or requiring any person to join in prayer or religious activity.
United States · United States Congress · 28 June 2005
Mortgage Insurance Fairness Act of 2005 - Amends the Internal Revenue Code to allow a tax deduction for mortgage insurance premiums. Reduces the amount of such deduction for taxpayers with adjusted gross incomes exeeding $100,000. Authorizes the Secretary of the Treasury to require informational returns from any individual who receives payment of more than $600 in mortgage insurance premiums.
United States · United States Congress · 24 June 2005
Expresses disagreement with the majority opinion in Kelo et al. v. City of New London et al. ( Kelo) and its holdings that effectively negate the public use requirement of the takings clause of the Fifth Amendment to the U.S. Constitution. Expresses the sense of the House of Representatives that state and local governments: (1) should only execute the power of eminent domain for the public good; (2) must always justly compensate affected individuals in accordance with the Fifth Amendment; (3) should never use eminent domain to advantage one private party over another; and (4) should not construe Kelo as justification to abuse the power of eminent domain. Reserves to Congress the right to address through legislation any abuses of eminent domain by state and local government in light of Kelo .
United States · United States Congress · 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 · 21 June 2005
Pulmonary Hypertension Research Act of 2005 - Amends the Public Health Service Act to require the Director of the National Heart, Lung, and Blood Institute to expand, intensify, and coordinate the activities of the Institute with respect to research on pulmonary hypertension and to coordinate the Director's activities with related activities of other national research institutes and National Institutes of Health (NIH) agencies. Requires the Director to make grants to, or enter into contracts with, public or nonprofit private entities for the development and operation of centers to conduct research and programs on pulmonary hypertension, including: (1) basic and clinical research into the cause, diagnosis, early detection, prevention, control, and treatment of the disease; (2) training programs for scientists and health professionals; (3) programs to provide information and continuing education to health professionals; and (4) programs for the dissemination of information to the public. Requires the Director to establish: (1) a data system for the collection, storage, analysis, retrieval, and dissemination of data derived from patient populations with pulmonary hypertension; and (2) an information clearinghouse to facilitate and enhance knowledge and understanding of pulmonary hypertension by health professionals, patients, industry, and the public.
United States · United States Congress · 17 June 2005
Federal Prison Industries Competition in Contracting Act of 2005 - Amends the federal criminal code to replace provisions regarding the purchase of prison-made products by federal departments with provisions establishing a government-wide procurement policy relating to purchases from Federal Prison Industries (FPI), which shall generally require the use of competitive procedures. Authorizes a contract award to be made to FPI using other than competitive procedures: (1) if a product or service is only available from FPI; and (2) by the Federal Bureau of Prisons (the Bureau). Requires that an analysis of the probable impact of a proposed expansion of sales within the federal market by FPI on private sector firms and their non-inmate workers be made whenever FPI proposes to authorize the sale of a new specific product or service or to expand production of a current product or service. Prohibits the total dollar value of FPI sales to the government in FY 2007 through 2011 from exceeding specified percentages of FPI sales for the base period. Amends the Federal Property and Administrative Services Act of 1949 to require an executive agency: (1) before purchasing a product listed in the latest edition of the FPI catalog, to determine whether the FPI product is comparable to products available from the private sector; and (2) if such product is not comparable, to use competitive procedures or make an individual purchase under a multiple award. Authorizes FPI to enter into a contract with a federal contractor to produce products as a subcontractor or supplier in the performance of a federal procurement contract. Includes services within the scope of a prohibition against transporting (in interstate commerce or from a foreign country) goods produced by prisoners. Establishes within the Bureau of Prisons: (1) the Enhanced In-Prison Educational and Vocational Assessment and Training Program; and (2) the Cognitive Abilities Assessment Demonstration Program. Directs: (1) the Chief Operating Officer of FPI to develop proposals to have FPI donate products and services to eligible entities that provide goods or services to low-income individuals who would likely otherwise have difficulty purchasing such products or services; (2) the Director of the Bureau to afford to inmates opportunities to participate in programs and activities designed to help prepare such inmates to obtain employment upon release; and (3) the Comptroller General to undertake to have an independent study conducted on the effects of eliminating FPI's mandatory source authority.
United States · United States Congress · 16 June 2005
American Veterans Homeownership Act of 2005 - Amends the Internal Revenue Code to: (1) revise the definition of qualified veteran for purposes of the veterans' mortgage bond program to include all veterans who served on active duty regardless of date of service; (2) allow veterans to apply for financing under such bond program up to 25 years after the end of their active duty; and (3) revise volume limitations applicable to the issuance of such bonds in certain states.
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 · 13 June 2005
Louis Braille Bicentennial--Braille Literacy Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 coins emblematic of the life and legacy of Louis Braille, whose design: (1) on the obverse shall bear a representation of the image of Louis Braille; and (2) on the reverse shall emphasize Braille literacy and include the word for Braille in Braille code. Authorizes the Secretary to issue such coins only during 2009. Subjects all coin sales to a surcharge of $10 per coin. Requires all surcharges to be promptly paid by the Secretary to the the National Federation of the Blind to further its programs to promote Braille literacy.
United States · United States Congress · 9 June 2005
Expresses the sense of Congress that it is necessary to ensure that Congress is presented with reliable information from the Congressional Budget Office (CBO) and the Joint Committee on Taxation as to the dynamic macroeconomic feedback effects to changes in federal law and the probable behavioral responses of taxpayers, businesses, and other parties to such changes. Requires the Joint Committee and CBO to prepare fiscal estimates of each proposed change in federal revenue law on the basis of assumptions that estimate the probable behavioral responses of personal and business taxpayers and other relevant entities to such change and its dynamic macroeconomic feedback effects. Applies such requirement only to proposed changes that, pursuant to static fiscal estimates, have a fiscal impact exceeding $250 million in any fiscal year.
United States · United States Congress · 8 June 2005
Abraham Lincoln Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 coins emblematic of the life and legacy of President Abraham Lincoln in commemoration of the bicentennial of his birth. Permits issuance of such coins only during 2009. Subjects the coin sales to a surcharge of $10 per coin.
United States · United States Congress · 8 June 2005
ADA Notification Act - Amends the Americans with Disabilities Act of 1990 to deny jurisdiction to a court in a civil action for remedies for disability discrimination unless: (1) the plaintiff notified the defendant in writing of the alleged violations prior to filing the complaint; (2) the notice identified the specific facts that constitute the alleged violation; (3) 90 or more days has elapsed after the date on which the notice was provided; (4) the notice informed the defendant that the civil action could not be commenced for 90 days; and (5) the complaint states that the defendant has not corrected the alleged violation. Excludes civil actions seeking preliminary injunctive relief or temporary restraining orders from such notification requirements.
United States · United States Congress · 26 May 2005
Public Expression of Religion Act of 2005 - Amends the Revised Statutes of the United States to limit the remedy to injunctive relief and deny attorneys' fees in a civil action against a state or local official for deprivation of rights where the deprivation consists of a violation of a prohibition in the Constitution against the establishment of religion.
United States · United States Congress · 26 May 2005
Federal Wetlands Jurisdiction Act of 2005 - Amends the Federal Water Pollution Control Act to clarify that waters of the United States, including the territorial seas, are subject to the jurisdiction of the permitting program for the discharge of dredged or fill material (permitting program) if such waters are: (1) navigable; (2) connected to navigable waters through a continuous, naturally occurring surface water connection; or (3) wetlands adjacent to such navigable or connected waters. States that waters are considered connected to navigable waters for purposes of this Act if connected by perennial or intermittent streams that contribute flow to navigable waters. Excludes from the definition those waters connected by: (1) sheet flow (non-channelized water flowing over upland); (2) ephemeral waters, ground water, manmade ditches, or pipelines; or (3) a municipal separate storm sewer system or any other regulated point source. Excludes fastlands (areas located behind legally constituted manmade structures) from the jurisdiction of the permitting program. Grants sole authority to the Secretary of the Army to determine the waters subject to the jurisdiction of the permitting program. Sets forth procedures whereby property owners, or those with written authorization from such owners, may: (1) request that the Secretary determine jurisdiction under this Act and thereafter seek judicial review or injunctive relief; or (2) proceed under the administrative appeals process.
United States · United States Congress · 24 May 2005
Office of National Drug Control Reauthorization Act - Amends the Official of National Drug Control Policy Reauthorization Act of 1998 to repeal provisions providing for termination of the Office. Clean Sports Act of 2005 - Prohibits a major professional league from arranging, promoting, organizing, or producing a professional game without meeting the requirements established by this Act for testing for the use of prohibited substances by professional athletes and for public disclosure of the names of athletes who test positive. Requires a suspension of an athlete for a minimum of two years for the first violation and a lifetime ban for the second violation. Allows a league to impose a lesser penalty if the athlete: (1) establishes that he did not know or suspect, and could not reasonably have known or suspected even with the exercise of utmost caution, that he had used the prohibited substance; or (2) provides substantial assistance to the league in identifying violations of the league's drug testing policy by other athletes or by any personnel working with or treating athletes. Authorizes the Director of National Control Policy to modify standards for a league under exceptional circumstances or for good cause with limitations. Require the Director to include additional professional sporting leagues or colleges if such additions would prevent the use of such substances by high school, college, or professional athletes. Treats violations of this Act as unfair or deceptive acts or practices under the Federal Trade Commission Act. Requires the Government Accountability Office (GAO) to study the use of performance-enhancing substances by college athletes. Requires the Director to establish a commission on high school and college athletics.
United States · United States Congress · 24 May 2005
Expresses support for the goals of : (1) Acadian Heritage Week (third week in September); and (2) A Day of Commemoration of the Great Upheaval (July 28) as established by Queen Elizabeth II's Royal Proclamation in which the sufferings of the Acadian people were acknowledged.
United States · United States Congress · 18 May 2005
Declares that Congress: (1) expresses condolences to the victims of the riots in the Islamic Republic of Pakistan and in the Islamic Republic of Afghanistan and their families; (2) deplores and condemns the continued irresponsible and inaccurate journalism (the most egregious example of which caused riots that led to the deaths of at least 17 people in Pakistan and Afghanistan) and the prevalent media culture that encourages such journalism; and (3) calls upon the media to exercise due diligence and caution when preparing reports that could jeopardize innocent human lives.
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 · 16 May 2005
Welcomes the first democratically-elected President of Afghanistan, His Excellency Hamid Karzai, as an honored guest and friend upon his May 2005 visit to the United States. Expresses the sense of Congress that: (1) a democratic and prosperous Afghanistan is a vital U.S. security interest; and (2) a strategic partnership between the United States and Afghanistan should continue to be a primary objective of both countries.
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
Respirator Access Assurance Act of 2005 - States that manufacturers or sellers of respirators shall not be subject to claims for defective design or warning, or any claims based on such allegations, if the respirator in question received National Institute for Occupational Safety and Health (NIOSH) approval and was manufactured in compliance with NIOSH-approved design and labeling. Preempts all State and local laws with regard to such claims. Makes this Act applicable to any civil action in Federal or State court for harm allegedly caused by a respirator, respirator manufacturer, or respirator seller. Applies this Act to any action than has not proceeded to trial as of the date of enactment.
United States · United States Congress · 12 May 2005
Credit Union Regulatory Improvements Act of 2005 - Amends the Federal Credit Union Act to reduce the minimum net worth ratio requirements of well-capitalized, adequately capitalized, under capitalized, and significantly undercapitalized credit unions. Sets the minimum risk-based net ratio at 8%. Revises the requirement that the National Credit Union Administration Board design the risk-based net worth standard to take account of any material risks to insured credit unions. Requires the standard to be designed in relation to risk assets, and to be based on comparable standards for taking into account material risks to insured depository institutions under the Federal Deposit Insurance Act that are applicable to credit unions. Revises definitions relating to net worth of credit unions. Cites circumstances in which the Board may waive the requirement that an undercapitalized credit union submit an acceptable net worth restoration plan. Revamps guidelines governing limits and restrictions on member business loans. Authorizes credit unions to lease to any business enterprise separate and clearly distinct space in buildings in credit union offices in underserved areas. Permits a credit union to invest securities for its own account. Increases from 12 to 15 years the term of credit union loans. Increases from 1% to 3% the investment limit in credit union service organizations. Permits credit unions to offer check cashing and money transfer services to persons within the field of membership (instead of, as currently, to members only). Extends to voluntary mergers on or after August 7, 1998, involving multiple common-bond credit unions the exemption from the numerical limit (only a group with fewer than 3,000 members) for eligibility for inclusion in the field of membership category of such a credit union. Requires the Board to prescribe criteria for continued membership of certain member groups in the case of conversions of certain credit unions to a community charter. Amends the Securities Exchange Act of 1934 and the Investment Advisers Act of 1940 to treat credit unions as banks which shall not be considered brokers or dealers because the credit unions engage in certain broker- or dealer-related activities.
United States · United States Congress · 12 May 2005
Preserving Patient Access to Physicians Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act with respect to payment for physicians' services to: (1) eliminate the sustainable growth rate payment update system; and (2) establish in its place an update to the single conversion factor for 2006 of at least 2.7 percent, and a formula for an update to the single conversion factor for years beginning with 2007. Requires the Secretary of Health and Human Services, in calculating the formula for the single conversion factor, to establish an input price index and estimate annually a productivity adjustment factor.
United States · United States Congress · 12 May 2005
Expresses the sense of the House of Representatives that due to the allegations of fraud and mismanagement within the U.N. oil-for-food program, the growing record of human rights abuses by U.N. personnel in the Democratic Republic of the Congo, and the lack of U.N. response to the Darfur genocide, Kofi Annan should resign as U.N. Secretary General.
United States · United States Congress · 11 May 2005
Family Budget Protection Act of 2005 - Amends the Congressional Budget Act of 1974 to eliminate the May 15 deadline for consideration of annual appropriations measures. Requires annual joint (currently, concurrent) budget resolutions signed by the President. Provides for an amendment to change the statutory limit on the public debt. Requires consideration of budget-related legislation before the budget resolution becomes law. Provides expedited procedures for presidential vetoes of joint budget resolutions. Provides for establishment of a reserve fund for emergencies. Requires: (1) biennial (currently, annual) budget resolutions; (2) biennial appropriations Acts; and (3) biennial government strategic and performance plans. Provides spending caps on the growth of entitlements and mandatory budget outlays. Excludes from such limitation until FY2008 direct spending programs and direct spending under part D (relating to the Voluntary Prescription Drug Benefit Program) of title XVIII (Health Insurance for the Aged and Disabled) under the Social Security Act (SSA) or spending under part C of such title (relating to the Medicare+Choice Program) that is attributable to such part D. Exempts benefits payable under title II (Old Age, Survivors and Disability Insurance) of SSA, Tier 1 railroad retirement benefits, and benefits payable under part A of title XVIII (relating to Hospital Insurance Benefits for the Aged and Disabled) of SSA and part C of such title (relating to the Medicare+Choice program) from required reductions under the Balanced Budget and Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), along with specified government accounts and activities. Provides other exceptions, limitations, and special rules with respect to sequestration exemptions. Directs the Chairman of the House and Senate Committees on the Budget each to maintain a Budget Protection Mandatory Account and a Budget Protection Discretionary Account. Amends the Congressional Budget Act of 1974 to require: (1) an analysis of long-term unfunded obligations in the President's budget submission; and (2) long-term unfunded obligation analyses by the Congressional Budget Office (CBO). Makes it out of order to consider legislation, if upon enactment, it would increase the long-term unfunded obligation of the Old Age, Survivors and Disability Insurance (OASDI) as defined in the CBA. Freezes at current levels spending authority for each unearned entitlement and high-cost discretionary spending program unless such spending authority is reauthorized after the enactment of this Act. Establishes the Commission to Eliminate Waste, Fraud, and Abuse. Provides for accrual funding of the: (1) Civil Service Retirement and Disability Fund; (2) Central Intelligence Agency Retirement and Disability System; and (3) Foreign Service Retirement and Disability System. Establishes in the Treasury: (1) the Public Health Service Commissioned Corps Retirement Fund; (2) the National Oceanic and Atmospheric Administration Commissioned Officer Corps Retirement Fund; and (3) the Coast Guard Military Retirement Fund. Changes the name of the Department of Defense Medicare-Eligible Retiree Health Care Fund to Uniformed Services Health Care Fund (thus, providing health care programs for all uniformed service retirees, under certain conditions). (Currently, such programs are for Department of Defense Medicare-eligible beneficiaries.) Decreases the limit on the public debt from $6.4 trillion to $4.393 trillion. Repeals rule XXVII of the House of Representatives (the Gephardt Rule, relating to mandatory adjustment of the statutory limit on the public debt to conform to a budget resolution). Prohibits consideration of extraneous appropriations in omnibus appropriations measures.
United States · United States Congress · 10 May 2005
21st Century Health Information Act of 2005 - Authorizes the Secretary of Health and Human Services to make grants to regional health information organizations to develop and implement regional health information technology plans. Requires the Director of the Agency for Healthcare Research and Quality (AHRQ) to establish and maintain a national technical assistance center to provide assistance to physicians to facilitate adoption of health information technologies and participation in such regional plans. Requires the Secretary to establish a program of accrediting health information networks. Requires the Comptroller General to report to Congress on the progress of regional health information organizations in realizing the purposes of this Act. Prohibits federal funds available under this Act from being used for the purchase of a health information technology product unless such product has been certified as incorporating interoperability data standards and compliance criteria. Allows the Secretary to make loans to any accredited regional health information organization to finance investments in network infrastructure and technology acquisition, training, and workflow engineering for physicians. Amends the Social Security Act to exclude the provision of equipment or services for the development of such a regional plan from illegal remuneration provisions and limitations on physician compensation arrangements. Requires the Secretary to: (1) establish a methodology for making adjustments in Medicare payments to providers participating in an accredited network; and (2) make matching Medicaid payments to states for the development and implementation of a regional plan under certain circumstances.
United States · United States Congress · 5 May 2005
Healthcare Enhancement for Local Public Safety Retirees Act of 2005 or the HELPS Retirees Act of 2005 - Amends the Internal Revenue Code to allow retired public safety officers to elect an annual exclusion from gross income up to $5,000 for distributions from governmental retirement plans for the payment of accident or health insurance or long-term care insurance.
United States · United States Congress · 4 May 2005
Meat Promotion Act of 2005 - Amends the Agricultural Marketing Act of 1946 to replace current mandatory country of origin labeling requirements with a voluntary country of origin labeling program for meat and meat products. Sets forth: (1) limitations on use of United States country of origin labels; and (2) civil penalties for program violations.
United States · United States Congress · 4 May 2005
Employee Pension Preservation and Taxpayer Protection Act of 2005 - Amends the Internal Revenue Code and the Employee Retirement Income Security Act (ERISA) to permit commercial passenger airline pension plans to elect to restructure their unfunded plan liabilities over a 25-year period. Prohibits plans that elect restructuring to accrue future unfunded pension plan liabilities. Authorizes the Secretary of the Treasury to deny tax-exempt status to a successor of a plan restructured under this Act unless all benefit obligations of the restructured plan have been satisfied. Amends ERISA to exempt the Pension Benefit Guaranty Corporation (PBGC) from liability for any unfunded pension plan liabilities incurred by commercial passenger airline pension plans after an election to restructure is made.
United States · United States Congress · 4 May 2005
Securing Access, Value, and Equality in Health Care Act - Amends the Internal Revenue Code to: (1) allow individual taxpayers a refundable tax credit for health insurance costs paid for the benefit of the taxpayer, the taxpayer's spouse, and dependents; (2) require business taxpayers who receive payments for certain employee health insurance coverage to file informational returns; and (3) direct the Secretary of the Treasury to make advance payments of health insurance tax credit amounts to health insurance providers.
![Official portrait of Rep. Marchant, Kenny [R-TX-24]](https://www.congress.gov/img/member/m001158_200.jpg)