United States · United States Congress · 29 September 2005
Amends the Public Health Service Act to deem certain physicians or other licensed or certified health care practitioners to be employees of the Public Health Service for purposes of any civil action that may arise due to services provided in an emergency area by a contractor or an employee of a qualified health center. Provides that such services must be provided under an arrangement with a qualified health center or with a federal agency with responsibility for providing health services in the emergency area.
United States · United States Congress · 27 September 2005
Hurricanes Katrina and Rita Flood Insurance Buy-In Act of 2005 - Establishes a temporary flood insurance buy-in program. Instructs the Director of the Federal Emergency Management Agency to make flood insurance coverage available under such program for eligible structures (but not their contents) for flooding resulting from Hurricane Katrina or Hurricane Rita. Limits eligibility to structures located in an area not subject to the mandatory purchase requirements of the national flood insurance program, and which were not covered by such insurance at the time of the hurricanes. Prescribes a formula for determination of premiums, which may be paid by deduction from the amount of any claims payable under coverage by the buy-in program.
United States · United States Congress · 22 September 2005
Requires the Secretary of the Navy, when real property donated during the period beginning on January 1, 1980, and ending on the date of enactment of this Act for use as a Navy homeport ceases to be used for that purpose, to comply with the terms of any reversionary interest and promptly convey the property to the reversionary interest holder.
United States · United States Congress · 21 September 2005
Sets at 90% the federal medical assistance percentage (FMAP) and the enhanced FMAP for medical and child health assistance provided in Louisiana and Mississippi and to Hurricane Katrina evacuees in other states during FY2006 under Medicaid (title XIX) and SCHIP (State Children's Health Insurance Program) under SSA title XXI.
United States · United States Congress · 21 September 2005
Hurricane Katrina Fast-Track Refunds for Working Families Act of 2005 - Amends the Internal Revenue Code to allow an advance payment of the earned income tax credit and the child tax credit in 2005 for taxpayers in a Hurricane Katrina disaster area who received such credits for a taxable year ending in 2004.
United States · United States Congress · 15 September 2005
Emergency Food and Farm Disaster Assistance Act of 2005 - Amends the Food Stamp Act of 1977 to set forth food stamp program provisions applicable to the Hurricane Katrina disaster recovery period and the immediate disaster recovery period (as defined by this Act). Makes additional funds available to the Secretary of Agriculture to provide emergency food assistance for displaced Hurricane Katrina victims. Directs the Secretary to make emergency crop disaster assistance for qualifying: (1) 2005 losses due to weather or related conditions; and (2) 2006 losses due to a hurricane occurring in 2005. Directs the Secretary to carry out: (1) a livestock compensation program for 2005 livestock losses in emergency-designated areas; (2) a livestock indemnity program for 2005 livestock losses due to hurricanes, floods, and anthrax; (3) an assistance program for domestic catfish producers hurricane disaster-designated areas in 2005; and (4) sugarcane disaster assistance for qualifying producers and first handlers in areas of Louisiana designated as disaster areas due to Hurricane Katrina. Authorizes the Secretary to use emergency watershed protection program and emergency conservation program funds for removal and disposal of dead livestock in disaster-designated in 2005 due to Hurricane Katrina. Directs the Secretary to provide assistance to certain private forest landowners in hurricane disaster-designated areas in 2005. Directs the Secretary to make grants for Hurricane Katrina assistance to: (1) Alabama, Florida, Louisiana, Mississippi, and Tennessee; and (2) other states housing evacuees or suffering damage from Hurricane Katrina or a related condition. Directs the Secretary to extend marketing assistance loan settlement dates. Provides temporary suspension of farm loan interest in hurricane disaster-designated areas in 2005. Extends the emergency loan application period in such areas. Amends the Consolidated Farm and Rural Development Act to provide additional loan write-down authority for farm losses in hurricane disaster-designated areas in 2004 or any subsequent year. Directs the Secretary to temporarily suspend certain administrative offsets in hurricane disaster-designated areas in 2005. Expresses the sense of Congress regarding the need for: (1) permanent agricultural disaster relief authority; and (2) additional assistance in response to Hurricane Katrina.
United States · United States Congress · 14 September 2005
Fair Wages for Hurricane Victims Act - Reinstates the application of the wage requirements of the Davis-Bacon Act to all federal contracts in counties affected by Hurricane Katrina, notwithstanding the President's proclamation dated September 8, 2005, or any other provision of law.
United States · United States Congress · 8 September 2005
Hurricane Katrina Bankruptcy Relief and Community Protection Act of 2005 - Amends federal bankruptcy law governing cases commenced as of October 17, 2005 (the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005). Excludes from the accounting of current monthly incomepayments to victims of a natural disaster on account of their status as victims of a natural disaster. Defines victim of a natural disaster as one: (1) whose financial condition is materially adversely affected by a natural disaster; and (2) whose domicile, residence, or principal place of business (including principal assets) in the United States is located in a natural disaster zone immediately preceding the event that caused the natural disaster. Permits debtor status for a debtor unable to complete credit counseling because of a natural disaster. Retains automatic stay protections for a debtor who is a victim of a natural disaster. Modifies requirements governing the statutory deadline for completion of debtor's duties. Authorizes the court to extend any such time period if: (1) the debtor is a victim of a natural disaster; and (2) the debtor's status as a victim of a natural disaster necessitates such extension of time. Includes within the permissible monthly expenses of a chapter 7 debtor the actual reasonably necessary expenses incurred as a result of being a victim of a natural disaster. Modifies requirements governing conversion or dismissal of either a Chapter 7 case, a Chapter 11 Reorganization case, or Chapter 13 case if the debtor is a victim of a natural disaster. Authorizes the court to grant an extension of time for filing small business bankruptcy documentation if the debtor is unable to meet the deadline because of a natural disaster.
United States · United States Congress · 7 September 2005
Anti-Price Gouging Act of 2005 - Amends the Clayton Act to make it unlawful, during any time of national disaster, for a person to sell, lease, or license, or offer to sell, lease, or license, any necessary good or service in the United States at an unconscionable price.
United States · United States Congress · 29 July 2005
Inflammatory Bowel Disease Research Act - Requires the Director of the National Institute of Diabetes and Digestive and Kidney Diseases to expand, intensify, and coordinate the Institute's research activities on inflammatory bowel disease, with an emphasis on: (1) genetic research on susceptibility for inflammatory bowel disease; (2) research targeted to increase knowledge about the causes and complications of inflammatory bowel disease in children; (3) animal model research; (4) clinical research; (5) expansion of the Institute's Inflammatory Bowel Disease Centers program with a focus on pediatric research; and (6) other research initiatives identified in specified documents. Requires the Director of the Centers for Disease Control and Prevention (CDC) to prepare a National Inflammatory Bowel Disease Action Plan to: (1) address the burden of inflammatory bowel disease in both adult and pediatric populations; (2) address strategies for determining the prevalence of the disease in the United States and the unique demographic characteristics of the patient community; (3) focus on strategies for increasing awareness about the disease within the general public and the health care community; and (4) address mechanisms designed to prevent the progression of the disease and the development of complications.
United States · United States Congress · 28 July 2005
Morris K. Udall Parkinson's Disease Research Act Amendments of 2005 - Amends the Public Health Service Act to revise provisions regarding a research planning conference required to be convened by the Director of the National Institutes of Health (NIH) to require such conference to: (1) investigate Parkinson's research funded by NIH; and (2) identify shortcomings and opportunities for more effective treatments and a cure for Parkinson's disease. Requires the result of each conference to be included in a research investment plan that also: (1) provides for measurable results with the goals of better treatments and a cure for Parkinson's disease determining the allocation of research dollars; (2) includes an outline of how to fully utilize the Udall Center program; and (3) includes a budget and implementation strategy. Requires the Secretary of Health and Human Services to ensure adequate funding to carry out activities described in the investment plan. Requires the Director to ensure funding for an additional Morris K. Udall research center to coordinate activities conducted by, and manage the interdisciplinary efforts of, the other centers. Requires each research center to ensure that there is a significant clinical component and ongoing basic research. Requires the Director to establish an application review process for grants to fund such research centers. Directs (currently, allows) the Director to award grants to support qualified investigators with potential for significant future Parkinson's disease breakthroughs. Requires the Director to investigate and report to Congress on the incidence of Parkinson's disease.
United States · United States Congress · 28 July 2005
Medicare Durable Medical Equipment Access Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to prohibit the Secretary of Health and Human Services from awarding any contracts under the competitive durable medical equipment items and services acquisition program unless: (1) the quality standards have been implemented; and (2) the Secretary has received advice from the program oversight committee. Requires the Secretary (who currently is authorized), in carrying out competitive acquisition programs, to exempt: (1) rural areas and areas with low population density within urban areas that are not competitive, unless there is a significant national market through mail order for a particular item or service; and (2) items and services for which the application of competitive acquisition is not likely to result in significant savings. Adds to such exemptions smaller metropolitan statistical areas. Modifies requirements for the protection of small suppliers in bidding and contracting. Requires the Secretary to permit suppliers classified as small businesses to continue to participate as suppliers at the selected award price so long as they submit bids at less than the fee schedule amount otherwise applicable to the items and they otherwise comply with applicable program requirements. Provides for appeal rights (currently denied). Requires the Secretary to exempt from competitive acquisition requirements items and services for which the application of competitive acquisition is not likely to result in significant savings of at least 10%. Prohibits the Secretary from implementing a program with respect to an item or service unless the Secretary demonstrates a probability of achieving significant savings of at least 10%, compared to the fee schedule in effect on January 1, 2006, by including the item or service in the program. Prohibits the Secretary from implementing certain requirements for the payment basis for covered items furnished after January 1, 2009, with respect to the application of rates in an area that is not a competitive acquisition area, unless the Secretary has completed and published in the Federal Register a comparability analysis to ensure the application is appropriate. Requires application of the comparability analysis requirement to certain other part B items and services.
United States · United States Congress · 27 July 2005
Amends the Internal Revenue Code to allow tax free rollovers of military death gratuities to Roth individual retirement accounts, health savings and Archer medical savings accounts, and Coverdell education savings accounts.
United States · United States Congress · 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 · 19 July 2005
Stolen Valor Act of 2005 - Amends the federal criminal code to expand the prohibition against wearing, manufacturing, or selling military decorations or medals without legal authorization to prohibit purchasing, soliciting, mailing, shipping, importing, exporting, producing blank certificates of receipt for, advertising, or exchanging such decorations or medals without authorization. Prohibits falsely representing oneself as having been awarded any decoration or medal authorized by Congress for the Armed Forces or any of the service medals or badges. Increases penalties for violations if the offense involves a Distinguished Service Cross, an Air Force Cross, a Navy Cross, a silver star, or a Purple Heart.
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
Urges the U.S. Postal Service to issue a commemorative stamp depicting the Lone Sailor Memorial, located by the Golden Gate Bridge (San Francisco, California).
United States · United States Congress · 11 July 2005
Celebrates Walt Disney’s contributions to our nation. Congratulates Disneyland, “the Happiest Place on Earth,” on the occasion of its 50th Anniversary.
United States · United States Congress · 30 June 2005
Respect for Life Pluripotent Stem Cell Act of 2005 - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to provide for the conduct and support of basic and applied research in isolating, deriving, and using pluripotent stems cells without creating or harming human embryos. Provides that such research may include: (1) research in animals to develop and test techniques for deriving cells from embryos without doing harm to embryos; (2) research to develop and test techniques for producing human pluripotent stems cells without creating or making use of embryos; and (3) research to isolate, develop, and test pluripotent stem cells from postnatal tissues, umbilical cord blood, and placenta. Prohibits research under this Act that: (1) involves the use of human embryos; (2) involves the use of stem cells not otherwise eligible for NIH funds; (3) involves the use of any stem cell to create or to attempt to create a human embryo; or (4) poses a significant risk of creating a human embryo by any means.
United States · United States Congress · 30 June 2005
Directs the Secretary of the Army to carry out without delay a thorough review of the cases of all 28 individuals convicted in the court-martial arising from a disturbance at Fort Lawton, Seattle, Washington, on August 14, 1944, in order to determine the validity of the original findings and sentences and the extent, if any, to which racial prejudice or other improper factors may have tainted the original investigation and trials. Requires the Secretary: (1) to report to Congress on the review's results; and (2) if it is determined that there was error or an injustice, to correct the individual's military records as necessary.
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
Montgomery GI Bill Second Chance Act of 2005 - Authorizes certain members of the Armed Forces to make an irrevocable election during October of any year beginning in 2005 to become entitled to basic educational assistance under the Montgomery GI Bill. Requires a reduction in basic pay of those members electing such educational assistance or, if the member is discharged or released from active duty prior to such reduction, the collection of specified amounts from the member or an equivalent reduction in retired or retainer pay. States that members who are enrolled in the post-Vietnam era veterans' educational assistance program shall be disenrolled from that program upon electing the educational assistance described in this Act. Requires the Secretary concerned, in conjunction with the Secretary of Defense, to provide notice of the opportunity created by this Act to elect educational assistance under the Montgomery GI Bill.
United States · United States Congress · 30 June 2005
Right-To-Know National Payroll Act - Amends the Internal Revenue Code to require that each employer of more than 100 employees show on the W-2 form of each employee the employer's share of taxes for old-age, survivors, and disability insurance (OASDI) and for hospital insurance (Medicare) for the employee, as well as the total amount of such taxes for such employee. Requires a W-2 also to show any tier 1 railroad retirement tax with respect to OASDI and Medicare the employer has paid.
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 · 23 June 2005
Recognizes, on the ninth anniversary of that attack, the service and sacrifice of the 19 members of the U.S. Air Force who died in the terrorist bombing of the Khobar Towers U.S. military housing compound near Dhahran, Saudi Arabia. Calls upon every American to pause and pay tribute to those brave airmen. Extends the continued sympathies of Congress to the families of those who died. Assures the members of the Armed Forces serving anywhere in the world that their well-being and interests will at all times be given the highest priority.
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
Sole Community Hospital Preservation Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act with respect to the prospective payment system (PPS) for hospital outpatient department (OPD) services, particularly the transitional adjustment for sole community hospitals to limit any decline in payment. Holds sole community hospitals permanently harmless from any decline in payment. Increases the payment for covered OPD services in a sole community hospital by the amount of any difference between the pre-Balanced Budget Act of 1997 (pre-BBA) amount and a lesser PPS amount. Directs the Secretary of Health and Human Services to substitute a specified minimum base payment-to-cost ratio for determining the pre-BBA amount for sole community hospitals. Specifies the rebasing of the payment -to-cost ratio for sole community hospitals for cost reporting periods beginning on or after October 1, 2005.
United States · United States Congress · 17 June 2005
Dr. James Allen Disabled Veterans Equity Act - Requires the Secretary of Veterans Affairs to pay special disability compensation due to a veteran's loss of paired organs when the veteran has suffered impairment of vision compensable to a degree of ten percent or more (currently, blindness) in one eye as a result of a service-connected disability and impairment of vision (currently, blindness) in the other eye as a result of a non-service-connected disability not the result of the veteran's own willful misconduct.
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
Makes members of the Ready Reserve or Retired Reserve of the Armed Forces eligible for health benefits under TRICARE Standard (a Department of Defense managed health care program) after such member completes service on active duty: (1) under a call or order for service of more than 30 days; (2) for one year or more while continuously on active duty; and (3) while assigned to a duty station outside the United States. Terminates such coverage upon termination of the member's service in the Ready Reserve or Retired Reserve. Makes immediate family members of such members eligible for such coverage during such period.
United States · United States Congress · 25 May 2005
Fairness and Independence in Redistricting Act of 2005 - Prohibits a state that has been redistricted after an apportionment from being redistricted again until after the next apportionment of Representatives, unless the state is ordered by a court to conduct such a subsequent redistricting in order to: (1) comply with the U.S. Constitution; or (2) enforce the Voting Rights Act of 1965. Requires such redistricting to be conducted through a plan developed by the independent redistricting commission established in the state, or if such plan is not enacted into law, the redistricting plan selected by the state's highest court or developed by a U.S. district court. Sets forth provisions regarding: (1) establishment of a state independent redistricting commission; (2) development of a redistricting plan; (3) its submission to the state legislature; (4) selection of a plan, under specified conditions, by the state's highest court or the U.S. district court for the district in which the capital of the state is located; (5) special rules for redistricting conducted under a federal court order; and (6) Election Assistance Commission payments to states for carrying out redistricting.
United States · United States Congress · 25 May 2005
Directs the Defense Base Closure and Realignment Commission, in conducting its review and analysis of the list of military installations recommended for closure or realignment that the Secretary of Defense submitted to Congress on May 13, 2005, to consider the homeland security contributions and value of each installation included. Provides that if the Commission completes its review and analysis before the date of enactment of this Act, any closures or realignments already undertaken shall have no further force and effect, and such actions may resume only after the Commission complies with the above requirement.
United States · United States Congress · 25 May 2005
Abusive Tax Shelter Shutdown and Taxpayer Accountability Act of 2005 - Amends the Internal Revenue Code to revise or add provisions relating to tax shelter activity, including provisions to: (1) define "economic substance" for purposes of evaluating tax shelter transactions; (2) increase penalties for large entities and high net-worth individuals for failure to disclose certain tax shelter transactions; (3) impose penalties for understatements of tax due to transactions lacking economic substance; (4) deny material tax advisors a claim of privilege as to the identity of a client; (5) revise standards for the penalty for understatement of tax liability by income tax return preparers and increase the penalties for such understatements; (6) revise and increase the penalties for frivolous tax submissions; (7) deny a tax deduction for interest on underpayments of tax due to nondisclosed reportable transactions and transactions lacking economic substance; (8) expand the authority of the Secretary of the Treasury to disallow certain tax benefits arising from the acquisition of corporate stock; (9) modify certain passive loss rules for controlled foreign corporations; and (10) provide a rule for the reduction in basis of corporate stock for which certain extraordinary dividends are received.
United States · United States Congress · 24 May 2005
Songwriters Capital Gains Tax Equity Act - Amends the Internal Revenue Code to define certain self-created musical works or copyrights in musical works as capital assets eligible for capital gains tax treatment.
United States · United States Congress · 23 May 2005
Requires the metal content of the Medal of Honor, awarded by the President to members of the armed forces and Coast Guard, to be 90 percent gold and ten percent alloy.
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
Combating Autism Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish: (1) a program to provide information and education on autism and its risk factors to health professionals and the general public; and (2) the Autism Coordinating Committee to coordinate autism related activities within the Department of Health and Human Services (HHS). Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to award grants or cooperative agreements to develop statewide autism screening, diagnosis, and intervention programs and systems. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award grants or cooperative agreements to provide technical assistance to state agencies to conduct applied autism research.
United States · United States Congress · 18 May 2005
Amends the Defense Base Closure and Realignment Act of 1990 to postpone the 2005 round of defense base closures and realignments, as currently required under such Act, until the last of the following occurs: (1) the complete analysis, consideration, and implementation by the Secretary of Defense (Secretary) of the recommendations of the Commission on Review of Overseas Military Facility Structure of the United States; (2) the return from deployment in Iraq of substantially all major U.S. combat units and assets; (3) the receipt by the congressional defense committees of the report on the quadrennial defense review to be submitted by the Secretary in 2006; (4) the complete development and implementation by the Secretary and the Secretary of Homeland Security of the National Maritime Security Strategy; (5) the complete development and implementation by the Secretary of the Homeland Defense and Civil Support directive; and (6) the receipt by the defense committees of a report from the Secretary assessing military installation needs. States that, effective May 13, 2005, the list of recommendations for 2005 base closures and realignments submitted by the Secretary pursuant to such Act shall have no further force and effect.
United States · United States Congress · 17 May 2005
Insurance Competitive Pricing Act of 2005 - Amends the McCarran-Ferguson Act to eliminate the antitrust exemption applicable to the business of insurance where the conduct involves: (1) price fixing; (2) allocating with a competitor a geographical area in which, or persons to whom, insurance will be offered for sale; (3) unlawfully tying the sale or purchase of one type of insurance to the sale or purchase of another type of insurance or any other service or product; or (4) monopolizing, or attempting to monopolize, any part of such business. Retains such exemption for conduct involving the making of a contract, or engaging in a combination or conspiracy, to: (1) collect or disseminate historical loss data; (2) determine a loss development factor applicable to such data; (3) perform actuarial services if such contract, combination, or conspiracy does not involve restraint of trade; or (4) determine a trend factor (an adjustment to reflect a change in inflation or any other change in the estimated loss costs incurred by certain persons engaged in the business of insurance) during a specified transition period.
United States · United States Congress · 17 May 2005
Special Interest Lobbying and Ethics Accountability Act of 2005 - Amends the Lobbying Disclosure Act of 1995 to require: (1) quarterly instead of semiannual filing of lobbying disclosures reports; (2) electronic filing; (3) maintenance of certain lobbying disclosure information in an electronic data base, available to the public free of charge over the Internet; (4) identification of each executive official and Member of Congress with whom lobbying contacts are made; (5) disclosure by registered lobbyists of all past executive and congressional employment; and (6) disclosure of grassroots lobbying communications by paid lobbyists. Extends from one to two years the ban on lobbying contacts by former senior and very senior executive personnel, former Members of Congress, and officers and employees of the legislative branch with any officer or employee of the entity in which such person served before his or her tenure terminated. Requires public disclosure by Members of Congress of employment negotiations. Subjects to fines and penalties a Member of Congress or an employee of the House who wrongfully influences, on a partisan basis, an entity's employment decisions or practices. Amends the Code of Official Conduct in the House to prohibit favoritism. Requires certification that congressional travel meets certain conditions, and establishes civil fines for false certifications. Requires the Committee on Standards of Official Conduct to develop and revise guidelines on reasonable expenses or expenditures for official government travel. Calls for reviews and semiannual reports by the Comptroller General on activities carried out by the Clerk of the House and the Secretary of the Senate under the Act, subject to congressional committee hearings. Increases the penalty for failure to comply with lobbying disclosure requirements. Requires appointment of a bipartisan ethics task force to make recommendations on: (1) strengthening ethics oversight and enforcement in the House; and (2) providing the resources necessary to accomplish this goal.
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 · 5 May 2005
New GI Bill of Rights for the 21st Century Act - Revises, expands, or provides new rights and benefits for members of the Armed Forces, veterans, and their dependents and survivors, including, among others: (1) an FY 2006 increase in funding for veterans' medical care; (2) a prohibition until the end of FY2006 on medication copayments and on the imposition of a health care system enrollment fee; (3) an extension until 2010 of Vietnam veterans' eligibility for readjustment counseling services; (4) the collection of data from pre- and post-deployment health assessments, and preventive maintenance post-deployment intervention; (5) the prevention, early detection, and treatment of post-traumatic stress disorder (PTSD) for returning troops; (6) a Department of Defense/Department of Veterans Affairs Council on Post-Deployment Mental Health; (7) survivors' and dependents' eligibility for family and bereavement counseling; (8) certain educational initiatives; (9) a National Steering Committee on PTSD Education and a PTSD public awareness program; (10) certain benefits and outreach services for disabled veterans; (11) an increase in survivors' dependency and indemnity compensation (DIC); (12) certain pay increases and bonuses for active-duty members; (13) an expansion of benefits under under both the active-duty and reserve Montgomery GI Bill programs; (14) employment assistance for homeless veterans; (15) expanded reserve member eligibility under the TRICARE program (a Department of Defense managed health care program); (16) certain recruitment and retention incentives for Selected Reserve members; and (17) certain pay matters with respect to Federal employees performing active-duty reserve service. Repeals the: (1) DIC offset from Survivor Benefit Plan surviving spouse annuities; (2) pay reduction and high school graduation requirement for participation in the Montgomery GI Bill educational assistance program; (3) delimiting date for entitlement to basic educational assistance under such program; (4) time limitation on the exclusion of combat zone compensation by reason of hospitalization; (5) tax cut (implemented in 2001) for high-income taxpayers; (6) scheduled termination of the phaseout of personal exemptions; and (6) scheduled phaseout of the overall limitation on itemized deductions.
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 · 3 May 2005
Amends the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 to declare that, if the following conditions exist, the presumption of abuse guidelines do not apply and the bankruptcy court is prohibited from dismissing or converting a Chapter 7 petition based on any form of means testing: (1) while the debtor is on, and during the 180-day period after release from active duty in the U.S. military service; or (2) while the debtor is performing, and during the 180-day period after the debtor is no longer performing, a homeland defense activity performed for at least 60 days; and (3) if after September 11, 2001, the debtor was called to active duty or performed homeland defense activity, while a member of a reserve component of the Armed Forces or a member of the National Guard.
United States · United States Congress · 3 May 2005
Railroad Competition Improvement and Reauthorization Act of 2005 - Amends federal transportation law to specify the primary objectives of U.S. rail transportation policy. Requires a rail carrier, upon shipper request, to establish a rate for transportation and provide requested service between any two points on the carrier's system where traffic originates, terminates, or may reasonably be interchanged. Prohibits the Surface Transportation Board (STB) from issuing a certificate authorizing construction and operation of railroad lines, or exempting a person, class of persons, or a transaction or service from the certificate requirement, if such an activity involves a transfer of interest in a line of railroad from a Class I rail carrier to a Class II or III rail carrier, and the activity directly or indirectly would restrict: (1) the ability of the Class II or Class III rail carrier to interchange traffic with other carriers; or (2) competition of rail carriers in the region affected by the activity in a manner that would violate federal antitrust laws. Prescribes a procedure for shipper petition and STB review of any activity alleged to have resulted in a restriction of competition for at least ten years. Changes from discretionary to mandatory the STB's authority to require: (1) a rail carrier's terminal facilities to be used by another rail carrier subject to certain conditions; and (2) rail carriers to enter into reciprocal switching agreements. Prohibits the STB, in either instance, from requiring evidence of anticompetitive conduct by a rail carrier from which such access is sought. Requires the STB to designate any state or substantial part of a state as an area of inadequate rail competition after finding that: (1) it encompasses rail shipping origins and destinations served exclusively by one Class I railroad; and (2) persons that ship by rail or receive rail shipments in it pay rates exceeding a certain mark, or have experienced competitive disadvantage in the marketplace or other economic adversity because of high cost or poor rail service quality. Specifies actions the STB may take to resolve such anti-competitive conditions. Requires submission to arbitration of rail rate disputes. Requires the STB to adopt new methods for determining the reasonableness of rail rates. Establishes within the Department of Transportation (DOT) the Office of Rail Customer Advocacy. Requires the STB, in a proceeding involving the merger or control of at least two Class I railroads, to consider among other things the safety and environmental effect of the proposed transaction on local communities and rail passenger transportation.
![Official portrait of Rep. Taylor, Gene [D-MS-4]](https://www.congress.gov/img/member/t000074_200.jpg)