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
United States Trademark Defense Act of 2005 - Amends the Department of Commerce and Related Agencies Appropriations Act, 1999 to repeal the prohibition against U.S. courts recognizing, enforcing, or otherwise validating any assertion of rights by a designated Cuban national of a mark, trade name, or commercial name that was used in connection with a business or assets that were confiscated by the Cuban government. Requires the Secretary of the Treasury to issue regulations as necessary to repeal such provisions, including removing any applicable prohibition on transactions or payments. Authorizes U.S. courts to recognize, enforce, or otherwise validate an assertion of rights in any mark or trade name based on common law rights or registration or under any applicable provision of law or any applicable treaty to which the United States is a party. Requires the United States Trade Representative to examine policies and practices of Cuba with respect to protecting and enforcing intellectual property rights.
United States · United States Congress · 21 July 2005
Preserving Patient Access to Inpatient Rehabilitation Hospitals Act of 2005 - Prohibits the Secretary of Health and Human Services, during the period between July 1, 2005, and the date two years after the enactment of this Act, from: (1) requiring a compliance rate, pursuant to the criterion (commonly known as the "75 percent rule") used to determine whether a hospital or hospital unit is an inpatient rehabilitation facility, that is greater than the 50 percent compliance threshold that became effective on July 1, 2004; (2) changing the designation of any inpatient rehabilitation facility in compliance with the 50 percent threshold; or (3) conducting medical necessity review of inpatient rehabilitation facilities using any guidelines other than the national criteria established in the Medicare Benefits Policy Manual. Directs the Secretary to establish procedures for: (1) making any necessary retroactive adjustment to restore the status of a facility as an inpatient rehabilitation facility as a result of this Act; (2) making any necessary payments to inpatient rehabilitation facilities based on such adjustment for discharges occurring on or after July 1, 2005, and before enactment of this Act; and (3) developing and implementing an appeals process that provides for expedited review of any adjustment to the status of a facility as an inpatient rehabilitation facility made during such period Directs the Secretary to establish the National Advisory Council on Medical Rehabilitation to provide advice and recommendations to: (1) Congress and the Secretary concerning the coverage of rehabilitation services under title XVIII (Medicare) of the Social Security Act; and (2) appropriate federal agencies on how best to utilize available research funds and authorities focused on medical rehabilitation research.
United States · United States Congress · 21 July 2005
Help Efficient, Accessible, Low Cost, Timely Healthcare (HEALTH) Act of 2005 -Sets forth provisions regulating lawsuits for health care liability claims concerning the provision of health care goods or services or any medical product affecting interstate commerce. Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions. Provides that nothing in this Act limits recovery of the full amount of available economic damages. Limits noneconomic damages to $250,000. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a decreasing percentage based on the increasing value of the amount awarded. Prescribes qualifications for expert witnesses. Allows the introduction of collateral source benefits and the amount paid to secure such benefits as evidence. Prohibits a provider of such benefits from recovering any amount from an award in a health care lawsuit involving injury or wrongful death. Authorizes the award of punitive damages only where: (1) it is proven by clear and convincing evidence that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury the claimant was substantially certain to suffer; and (2) compensatory damages are awarded. Limits punitive damages to the greater of two times the amount of economic damages or $250,000. Limits the liability of manufacturers, distributors, suppliers, and providers of medical products that comply with Food and Drug Administration (FDA) standards. Provides for periodic payments of future damage awards.
United States · United States Congress · 14 July 2005
Amends the Internal Revenue Code to allow an investment tax credit for five percent of the cost of a qualified truck. Defines "qualified truck" as a motor vehicle: (1) first placed in service on or after January 1, 2007, and before January 1, 2008; (2) powered by diesel fuel; (3) having a gross vehicle weight of more than 26,000 pounds; and (4) which complies with certain Environmental Protection Agency (EPA) regulations for diesel emissions. Allows such credit to reduce regular or alternative minimum tax liability. Permits a taxpayer election to expense the cost of qualified trucks placed in service in 2007.
United States · United States Congress · 14 July 2005
Abolishment of Obsolete Agencies and Federal Sunset Act of 2005 - Establishes the Federal Agency Sunset Commission to: (1) submit to Congress a schedule for review by the Commission, at least once every 12 years, of the abolishment or reorganization of each agency; (2) review and evaluate the efficiency and public need for each agency using specified criteria; (3) recommend whether each agency should be abolished or reorganized; and (4) report to Congress on all legislation introduced that would establish a new agency or a new program to be carried out by an existing agency. Requires the abolishment of any agency within one year of the Commission's review, unless the agency is reauthorized by Congress. Authorizes the deadline for abolishing an agency to be extended for an additional two years by legislation enacted by a super majority of the House of Representatives and the Senate. Directs the Comptroller General and the Director of the Congressional Budget Office, in cooperation with the Director of the Congressional Research Service, to prepare an inventory of Federal programs within each agency for the purpose of advising and assisting Congress and the Commission in carrying out the requirements of this Act.
United States · United States Congress · 13 July 2005
Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts for that fiscal year (except those derived from borrowing) unless Congress, by a three-fifths rollcall vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths rollcall vote of each House to increase the public debt limit. Directs the President to submit a balanced budget to Congress annually. Prohibits any bill to increase revenue from becoming law unless approved by a majority of each House by rollcall vote. Authorizes waivers of these provisions when a declaration of war is in effect or under other specified circumstances involving military conflict.
United States · United States Congress · 30 June 2005
Private Property Rights Protection Act of 2005 - Prohibits a state or political subdivision from using economic development as a reason for exercising its power of eminent domain if federal funds would contribute in any way to: (1) the project for which eminent domain is exercised; or (2) the exercise and enforcement of eminent domain over the project. Renders a state or political subdivision that violations this prohibition ineligible for any such federal funds and directs the federal agency involved to withhold those funds. Prohibits the federal government from using economic development as a reason for exercising eminent domain. Defines "economic development" to mean any activity other than making private property available in substantial part for use by the general public or by an entity that makes the property available for use by the general public, or as a public facility, or to remove harmful effects.
United States · United States Congress · 30 June 2005
Clear Law Enforcement for Criminal Alien Removal Act of 2005 or CLEAR Act of 2005 - States that: (1) state and local law enforcement personnel are fully authorized to investigate, apprehend, or transfer to federal custody aliens in the United States (including interstate transportation of such aliens to detention centers) in order to assist in the enforcement of U.S. immigration laws; and (2) a state that does not have a statute permitting enforcement of federal immigration laws within two years of enactment of this Act shall not receive certain federal incarceration assistance. Amends the Immigration and Nationality Act with respect to illegal aliens to: (1) establish criminal penalties for aliens unlawfully present in the United States; (2) increase specified criminal penalties for illegal entry and failure to depart violations; and (3) expand the scope of, and increase, civil penalties for improper entry or failure to depart. Provides for the listing of immigration violators in the National Crime Information Center database. Encourages states and localities to provide the Department of Homeland Security with specified information about apprehended illegal aliens. Provides federal reimbursement for related State and local costs. (States that such provision shall not require state or local enforcement officials to provide the Department with information related to a victim of a crime or witness to a criminal offense.) Directs the Secretary of Homeland Security to make grants to states and political subdivisions that enforce immigration laws in the course of their routine law enforcement duties for special equipment and facilities related to arresting, detaining, or transporting illegal aliens. Directs the Secretary to: (1) construct or acquire 20 additional detention facilities for aliens detained pending removal (or a decision on removal); and (2) consider the transfer of military installations under base closure laws for such purposes. Amends the Immigration and Nationality Act with respect to illegal aliens apprehended by state or local authorities to provide for: (1) federal custody upon state or local request; and (2) state or local compensation for related incarceration and transportation costs. States with respect to an alien subject to removal that the Attorney General or Secretary shall ensure such alien's detention in an adequate (as defined by this Act) state or local prison, detention center, or other comparable facility prior to his or her removal examination. Directs the Secretary to establish immigration-related training for state and local personnel. Provides: (1) personal liability immunity to the same extent as corresponding federal immunity for state or local personnel enforcing immigration laws within the scope of their duties under this Act; and (2) civil rights money damage immunity for state or local agencies enforcing immigration laws unless their personnel violated criminal law in such enforcement. States that the Department shall continue to operate the institutional removal program (IRP), which shall be expanded to all states. Authorizes state or local detention of an illegal alien after completion of such alien's prison sentence for: (1) up to 14 days to facilitate federal transfer; or (2) until transfer to the U.S. Immigration and Customs Enforcement. Amends the Immigration and Nationality Act to permanently authorize appropriations for the state criminal alien assistance program (SCAAP).
United States · United States Congress · 30 June 2005
Amends the Internal Revenue Code to treat attorney fees and court costs incurred in connection with a civil lawsuit as deductible expenses for purposes of computing regular and alternative minium tax liability.
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 · 27 June 2005
Parents' Tax Relief Act of 2005 - Amends the Internal Revenue Code to: (1) provide for a minimum tax credit for household and dependent care services for dependents under the age of six; (2) increase to $5,000 the amount of the personal tax exemption; (3) eliminate the marriage penalty in all income tax brackets; (4) establish a standard tax deduction for expenses related to business usage of a home; (5) make permanent increases in the child tax credit and adjust the amount of such credit for inflation on an annual basis after 2005; (6) allow employers a tax credit for employees who telecommute; and (7) allow an exclusion from employee gross income for employer-provided computer equipment used to work at home. Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to award social security credits to parents who stay at home, instead of working outside the home, to care for children who are either under age six or under age 10 and disabled. Authorizes transfers from the general fund to specified Social Security trust funds to cover the cost of such credits.
United States · United States Congress · 27 June 2005
Agriculture Education Freedom Act - Amends the Internal Revenue Code to exclude from the gross income of an individual any gain from the sale of any animal raised and sold by such individual as part of his or her participation in the 4-H program under the Cooperative State Research, Education, and Extension Service of the Department of Agriculture, the Future Farmers of America, any tax-exempt similar organization, or any program of a tax-exempt educational organization.
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 · 20 June 2005
Teacher Tax Relief Act of 2005 - Amends the Internal Revenue Code to: (1) increase the allowable tax deduction for the expenses of elementary and secondary school teachers to $400; (2) allow the deduction of professional development expenses; and (3) make such deduction permanent.
United States · United States Congress · 14 June 2005
Affirmation of the United States Record on the Armenian Genocide Resolution - Calls upon the President: (1) to ensure that U.S. foreign policy reflects appropriate understanding and sensitivity concerning issues related to human rights, ethnic cleansing, and genocide documented in the U.S. record relating to the Armenian Genocide and the consequences of the failure to realize a just resolution; and (2) in the President's annual message commemorating the Armenian Genocide to characterize the systematic and deliberate annihilation of 1.5 million Armenians as genocide, and to recall the proud history of U.S. intervention in opposition to the Armenian Genocide.
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
Pension Protection Act of 2005 - Amends the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code to establish new minimum funding standards for single-employer and multiemployer defined benefit pension plans. Prohibits shutdown benefits and other unpredictable contingent event benefits under single employer plans. Limits benefits under underfunded plans. Establishes additional funding rules for multiemployer plans in endangered or critical status. Requires measures to forestall insolvency. Repeals certain limitations on withdrawal liability. Sets forth interest rate assumptions for determining lump sum distributions and for applying benefit limitations to such distributions. Increases certain premiums to be paid to the Pension Benefit Guaranty Corporation. Provides for phasing-in increases of: (1) the annual flat-rate premium paid by all single-employer plans; and (2) the additional risk-based premium, which is to be paid by all underfunded plans. Revises requirements for defined benefit plan funding notices. Requires additional disclosures in annual reports and to plan participants and beneficiaries, including notice of bankruptcy filings. Allows plan sponsors and certain fiduciaries, other than fiduciary advisors, to provide certain investment advice. Increases deduction limits for single-employer and multiemployer plans, thus allowing plan sponsors to increase their contributions. Revises deduction rules for combinations of defined contribution plans and defined benefit plans.
United States · United States Congress · 8 June 2005
FHA Manufactured Housing Loan Modernization Act of 2005 - Amends the National Housing Act with respect to Federal Housing Administration (FHA) housing loan insurance for manufactured homes (or lots for such homes) to: (1) exempt such loans from certain financial institution portfolio limits; (2) establish loan-to-value ratio and downpayment requirements; (3) provide that any such contract shall be conclusive evidence of an institution's insurance eligibility; (4) increase loan limits; (5) set forth borrower premium charges; and (6) direct the Secretary of Housing and Urban Development to establish underwriting criteria that will ensure the manufactured housing program's financial soundness.
United States · United States Congress · 26 May 2005
Idaho Land Enhancement Act - Directs the Secretaries of Agriculture and the Interior, if the State of Idaho offers to convey specified State land to the United States, to accept the offer, and on receipt of title to such land, simultaneously convey to the State specified Bureau of Land Management (BLM) and National Forest System land (the Federal land). Requires the value of the exchanged Federal and State lands to be: (1) equal; or (2) made equal by cash payment to the United States or the State. Sets forth requirements for the disposition and use of proceeds from cash equalization payments received by the United States. Requires the conveyance of certain easements or other rights-of-way. Directs the city of Boise, Idaho, to pay the administrative costs associated with such land exchange. Transfers administrative jurisdiction over specified BLM land in Shoshone County, Idaho, from the Secretary of the Interior to the Secretary of Agriculture. Considers the boundaries of the Idaho Panhandle National Forest and Clearwater National Forest, as modified by the exchange authorized by this Act, to be the boundaries of such Forests as of January 1, 1965. Revokes any public land orders withdrawing any of the Federal land from appropriation or disposal under the public land laws necessary to permit disposal of such land. Withdraws the Federal and State land from: (1) location, entry, and patent under the mining and public land laws; and (2) disposition under the mineral leasing laws and the Geothermal Steam Act of 1970.
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
Stop Self-Authorized Secret Searches Act - Amends the federal criminal code, the Right to Financial Privacy Act, and Fair Credit Reporting Act to require that there be specific and articulable facts giving reason to believe that the person to whom records pertain is a foreign power or agent for Federal Bureau of Investigation (FBI) access to such records for foreign intelligence and international terrorism investigations. Prohibits a request for subscriber information or financial or business records from: (1) containing any requirement that would be held unreasonable if contained in a subpoena issued by a U.S. court in aid of a grand jury investigation of espionage or international terrorism; or (2) requiring the production of documentary evidence that would be privileged from disclosure if demanded by such a subpoena. Prohibits an electronic communication service provider, a financial institution, or a consumer reporting agency from disclosing that the FBI has sought access to telephone records for 90 days after receipt of such request, with exceptions (current law places no limits on nondisclosure). Authorizes the court to issue an ex parte order prohibiting disclosure for an additional period upon determining that there is reason to believe that disclosure sought by a government agency will result in: (1) endangering the life or physical safety of any person; (2) flight from prosecution; (3) destruction of or tampering with evidence; (4) intimidation of potential witnesses; or (5) otherwise seriously endangering U.S. national security by alerting a target, a target's associates, or the foreign power of which the target is an agent, of the government's interest in the target. Sets forth provisions governing: (1) judicial review of requests for and disclosure or nondisclosure of information; and (2) use and disclosure of acquired information by federal officers, including requirements for advanced authorization by the Attorney General for its use in a criminal proceeding, advance notice to the aggrieved party of its use in a trial, hearing, or other government proceeding, and the right of such party to move to suppress evidence obtained.
United States · United States Congress · 26 May 2005
Amends title XIX (Medicaid) of the Social Security Act to require Medicaid drug utilization review programs to deny coverage of erectile dysfunction drugs for individuals registered (or required to be registered) as sex offenders.
United States · United States Congress · 26 May 2005
Right to Fly Act - Amends the International Air Transportation Competition Act of 1979 to repeal the restriction to certain charter, commuter, and flights to contiguous states of air transportation for compensation or hire between Love Field, Texas, and one or more points outside the State of Texas.
United States · United States Congress · 24 May 2005
Authorizes the Secretary of the Interior, acting through the Bureau of Reclamation, to conduct feasibility studies to address water shortages within the Snake, Boise, and Payette River systems in Idaho.
United States · United States Congress · 23 May 2005
Amends the Communications Act of 1934 to make federal provisions which prohibit the obligation or expenditure of funds either in excess of appropriated amounts or in violation of sequestration orders under the Balanced Budget and Emergency Deficit Control Act of 1986 inapplicable to: (1) any amount collected or received as federal universal service contributions; or (2) the expenditure or obligation of amounts attributable to such contributions.
United States · United States Congress · 18 May 2005
Economic Development Act of 2005 - Authorizes any State to provide to any person for economic development purposes tax incentives that otherwise would be the cause of discrimination against interstate commerce under the Commerce Clause of the Constitution. Makes exceptions for any incentive that: (1) is dependent upon State or country of incorporation, commercial domicile, or residence of an individual; (2) requires the recipient to acquire, lease, license, use, or provide services to property created in the State; (3) is reduced or eliminated as a result of an increase in out-of-State activity by the recipient or other person or as a result of such other person not having a taxable presence in the State; (4) results in loss of a compensating tax system, because the tax on interstate commerce exceeds the tax on intrastate commerce; (5) requires that other taxing jurisdictions offer reciprocal tax benefits; or (6) requires that a tax incentive earned with respect to one tax can only be used to reduce a tax burden for, or provide a tax benefit against any other tax that is not imposed on, apportioned interstate activities.
United States · United States Congress · 18 May 2005
Enumerated Powers Act - Requires each Act of Congress to contain a concise and definite statement of the constitutional authority relied upon for the enactment of each portion of that Act. Declares that failure to comply with this requirement shall give rise to a point of order in either House of Congress.
United States · United States Congress · 18 May 2005
Jacob Wetterling, Megan Nicole Kanka, and Pam Lychner Sex Offender Registration and Notification Act or the Sex Offender Registration and Notification Act - Repeals existing provisions governing state registration programs for persons convicted of a criminal offense against a minor or of a sexually violent offense. Directs the Attorney General to carry out a Jacob Wetterling, Megan Nicole Kanka, and Pam Lychner Sex Offender Registration and Notification program under which a "covered individual" (an individual convicted of a listed offense against a minor) shall, for that individual's life, provide to the Attorney General specified information, including any change of address and employer. Lists exceptions. Sets penalties for violations. Requires the Attorney General to prescribe regulations to ensure that every covered individual wears and maintains a device that transmits information about that person's whereabouts to the domicile state, subject to specified requirements. Sets penalties for violations. Lists the responsibilities of the Attorney General and State or tribal actors. Provides for specified community notification by law enforcement. Directs the Attorney General to: (1) maintain a National Sex Offender Registry database to track the whereabouts and movements of covered individuals; (2) develop a software application that can be used by state and tribal actors; (3) establish and maintain a database to manage DNA information regarding covered individuals; and (4) carry out a Sex Offender Management Assistance program for awarding grants to states or tribal actors to offset costs associated with implementing this Act. Amends the Immigration and Nationality Act to subject to deportation any alien who is a covered individual and who fails to provide registration information under this Act.
United States · United States Congress · 18 May 2005
Commission on the Accountability and Review of Federal Agencies Act - Establishes the Commission on the Accountability and Review of Federal Agencies to: (1) evaluate executive agencies and their programs; and (2) submit to Congress a plan recommending agencies and programs that should be realigned or eliminated and proposing implementing legislation. Directs the President to: (1) establish a systematic method for assessing the effectiveness and accountability of agency programs; and (2) submit to the Commission assessments of not less than half of the programs that use such method. Prohibits the implementation of such method until it has been reviewed and accepted by the Commission. Requires the Commission to consider submitted assessments in evaluating programs. Requires the President to identify common performance measures for programs having similar functions and provide the Commission with data on such measures.
United States · United States Congress · 17 May 2005
Pledge Protection Act of 2005 - Amends the Federal judicial code to deny jurisdiction to any Federal court, and appellate jurisdiction to the Supreme Court, to hear or decide any question pertaining to the interpretation of the Pledge of Allegiance or its validity under the Constitution. Makes this limitation inapplicable to: (1) any court established by Congress under its power to make needful rules and regulations respecting the territory of the United States; or (2) the Superior Court of the District of Columbia or the District of Columbia Court of Appeals.
United States · United States Congress · 16 May 2005
Honor Our Fallen Prisoners of War Act - Requires the Secretary concerned to award the Purple Heart to members of the Armed Forces who die in captivity under circumstances not otherwise establishing eligibility for the Purple Heart. Makes this Act effective as to members of the Armed Forces who die on or after December 7, 1941, including those who die prior to enactment.
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
Rural Disaster Assistance Fairness Act of 2005 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to require the President to designate a Small State Advocate within the Federal Emergency Management Agency to advocate for the fair treatment of rural communities in the provision of assistance under such Act. Requires the Under Secretary for Emergency Preparedness and Response of the Department of Homeland Security to report to specified congressional committees on the extent to which disaster declaration regulations: (1) meet the needs of States with populations of less than 1 million; and (2) comply with existing statutory restrictions on the use of arithmetic formulas and sliding scales based on income or population.
United States · United States Congress · 12 May 2005
Rural Community Hospital Assistance Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to: (1) provide for establishment of a rural community hospital (RCH) program; (2) remove certain barriers to establishment of distinct part units by RCH and Medicare critical access hospital (CAH) facilities; and (3) revise the CAH program.
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
Federal Land Compensation Act - Provides for the phasing-in of permanent funding for the following programs: (1) Bureau of Land Management Payment in Lieu of Taxes (PILT); and (2) the U.S. Fish and Wildlife Service's refuge revenue sharing program.
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 · 5 May 2005
Generate Retirement Ownership Through Long-Term Holding Act of 2005 - Amends the Internal Revenue Code to provide that no gain shall be recognized on the receipt of a capital gain dividend distributed by a regulated investment company if such dividend is automatically reinvested in additional shares of the company pursuant to a dividend reinvestment plan.
United States · United States Congress · 4 May 2005
Veterans' Heritage Firearms Act of 2005 - Provides a 90-day amnesty period during which veterans and their family members can register in the National Firearms Registration and Transfer Record any firearm acquired before October 31, 1968, by a veteran while a member of the armed forces stationed outside the continental United States. Grants such an individual limited immunity under the Federal criminal code and the Internal Revenue Code with respect to the acquisition, possession, transportation, or alteration of such firearm before or concurrent with such registration. Extends such immunity to a veteran who attempts to register a qualifying firearm outside of the amnesty period if the veteran surrenders the firearm within 30 days after being notified of potential criminal liability for continued possession. Requires the Attorney General to: (1) transfer each firearm qualifying as a curio or relic which has been forfeited to the United States to the first qualified museum that requests it; and (2) publish information identifying each such firearm which is available to be transferred to a museum. Prohibits the Attorney General from destroying any such firearm which has been forfeited until five years after the forfeiture. Requires that any firearm transferred to a qualified museum be registered to the transferee. Makes a prohibition against transfer or possession of a machine-gun inapplicable to a transfer to or by, or possession by, a museum which is open to the public and incorporated as a not-for-profit corporation under applicable State law.
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.
United States · United States Congress · 4 May 2005
Condemns the attacks on U.S. citizens by Palestinian terrorists and demands that the Palestinian Authority (PA) work with Israel to protect all innocent individuals, regardless of citizenship, from terrorist atrocities. Offers condolences to the families of U.S. citizens killed by Palestinian terrorist attacks.
United States · United States Congress · 3 May 2005
Amends the Internal Revenue Code to exclude from the gross income of an employee covered under a high deductible health care plan a distribution from such employee's qualified retirement plan to fund a health savings account. Exempts such a distribution from the 10 percent penalty on early distributions from qualified retirement plans.
![Official portrait of Rep. Otter, C. L. (Butch) [R-ID-1]](https://www.congress.gov/img/member/o000166_200.jpg)