United States · United States Congress · 22 September 2005
Access to Emergency Medical Services Act of 2005 - Amends the Public Health Service Act to deem hospitals, emergency rooms, physicians, and physicians groups that provide emergency care to uninsured individuals to be employees of the Public Health Service for purposes of any civil action that may arise due to items and services furnished. Requires the Attorney General to make separate estimates as to the cost of claims expected to arise under this Act and to establish separate funds for such claims. Requires the Secretary of Health and Human Services to limit the total amount of payments under this Act to the amounts appropriated in advance for such purposes. Amends title XVIII (Medicare) of the Social Security Act to provide additional payments from the Federal Supplementary Insurance Trust Fund for physicians' services in the emergency department of a hospital or critical access hospital to a Medicare recipient. Provides for incentive payments to hospitals that certify to the Secretary that they meet established standards for prompt admission by a hospital of individuals presenting to the emergency department that need inpatient hospital services. Requires the Comptroller General to submit to the relevant congressional committees a report that evaluates whether such standards will achieve the stated objectives and recommends any changes. Sets forth civil monetary penalties for filing a false certification and engaging in a pattern or practice of failing to meet established standards.
United States · United States Congress · 22 September 2005
Freedom and Flexibility to Rebuild Act of 2005 - Amends the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users to revise the allocation of specified surface transportation projects for the states of Louisiana, Mississippi, and Alabama to allow such states to designate other eligible transportation projects for such projects.
United States · United States Congress · 22 September 2005
Temporary Agricultural Labor Reform Act of 2003 - Amends the Immigration and Nationality Act to revise employer and employee association application requirements for admission of H-2A temporary agricultural workers, including assurances: (1) that the job opportunity is temporary or seasonal, and is not the result of a labor dispute; (2) that attempts have been made to hire U.S. workers; (3) respecting wages and benefits, and labor law compliance; (4) respecting nondisplacement of U.S. workers; and (5) respecting placement with other employers. Revises related provisions respecting: (1) penalties; and (2) admissions and extensions of stay. Provides special provisions for alien sheepherders, goatherders, and dairy workers. Amends the Consolidated Farm and Rural Development Act to: (1) authorize the Secretary of Agriculture to make grants to H-2A employers for the transportation costs of workers whose employment is cut short by natural disaster; and (2) direct the Secretary to establish an H-2A Worker Program Ombudsman within the Office of the Chief Economist of the Department of Agriculture. Amends the Immigrant Reform and Control Act of 1986 to limit the conditions under which the Legal Services Corporation may: (1) provide legal assistance for, or on behalf of, any alien; (2) bring a civil action for damages on behalf of an H-2A nonimmigrant (requires prior mediation); and (3) enter onto an employer's property.
United States · United States Congress · 13 September 2005
Special Inspector General for Hurricane Katrina Recovery Act - Establishes the Office of the Special Inspector General for Hurricane Katrina Recovery. Places at the head of such Office a Special Inspector General for Hurricane Katrina Recovery, who shall be appointed by the Secretary of Homeland Security. Provides for the Special Inspector General to report directly to the Secretaries of Homeland Security and Defense. Requires the Special Inspector General, among other specified duties, to conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of amounts made available for Hurricane Katrina recovery by the federal government, and of the programs, operations, and contracts carried out utilizing such funds. Instructs the Special Inspector General, within ten days of being appointed, to: (1) open a 24-hour fraud, waste, and abuse hotline; (2) deploy auditors and investigators to the affected Gulf of Mexico region of the United States; (3) announce a strategic plan for oversight; (4) go to the media of that region with antifraud messages; (5) liaise with Hurricane Katrina recovery federal agencies to identify vulnerabilities; and (6) coordinate interagency oversight elements through the creation of a task force. Requires the Special Inspector General to: (1) submit specified quarterly and interim reports summarizing the activities of the Special Inspector General and the Hurricane Katrina recovery activities of the federal government; and (2) publish such reports on the websites of the Secretaries of Homeland Security and Defense.
United States · United States Congress · 29 July 2005
Medicare Value-Based Purchasing for Physicians' Services Act of 2005 - Amends part B (Supplementary Medical Insurance) of title XVIII (Medicare) of the Social Security Act to provide for value-based purchasing in the payment for physicians' services under the Medicare program. Establishes updates to the single conversion factor for 2006 through 2009 and succeeding years for such services. Directs the Secretary of Health and Human Services to: (1) provide, as part of the rulemaking process, for the selection of quality measures (Q-measures) and efficiency measures (E-measures) meeting specified general requirements; and (2) determine a single rating of each billing unit based on Q and E measures, and disclose to the public whether a particular billing unit met performance objectives. Requires the Secretary to establish such performance objectives, and base upon them any increased updates in the payment for physician services.
United States · United States Congress · 28 July 2005
Diabetes Self Management Training Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide for the recognition of certified diabetes educators as Medicare providers for purposes of diabetes outpatient self-management training services. Directs the Comptroller General to study and report to Congress on the barriers that exist for individuals with diabetes in accessing diabetes self-management training.
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
Michigan Lighthouse and Maritime Heritage Act - Directs the Secretary of the Interior, acting through the National Park Service Midwest Regional Office, to study and report on Michigan maritime heritage resource preservation and interpretation, including: (1) potential economic and tourism benefits of preservation of these resources; (2) suitable and feasible options for long-term protection of these resources; (3) the manner in which the public can best learn about and experience these resources; and (4) ways of linking national, State, and regional and local areas and sites into a Michigan Maritime Heritage Destination Network.
United States · United States Congress · 28 July 2005
Expresses the sense of Congress that the Russian Federation should provide effective protection of intellectual property rights or it risks losing its eligibility to participate in the Generalized System of Preferences (GSP) program.
United States · United States Congress · 25 July 2005
Medical Device User Fee Stabilization Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act to adjust medical device user fees (e.g., premarket application, premarket report, supplement, and submission fees). Repeals the fee revenue target amounts for FY2006 and FY2007. Eliminates the inflation, workload, compensating, and final year adjustments of revenues used for setting fees. Sets the premarket application fee for devices for FY2006 and FY2007. Allows the Secretary of Health and Human Services to use unobligated carryover balances from fees collected in previous fiscal years with notice to the appropriate congressional committees. Increases the annual gross receipts or sales threshold below which businesses are eligible for reduced fees or a waiver of fees by the Secretary. Removes the prohibition against the Secretary assessing fees unless certain cumulative fee revenues were met for FY2003 through 2006. Requires the Secretary to include in annual reports to Congress: (1) information on the number and total amount of fees paid for each different type of application or notification from small businesses; and (2) a certification that the amounts obligated for the performance of functions other than the review of device applications is not less than such amount for FY2002 multiplied by the adjustment factor. Deems as misbranded any reprocessed single use device unless the device or an attachment identifies the manufacturer of the reprocessed device, or the identity of the manufacturer of the original device is provided by a detachable label intended to be affixed to the medical record of a patient.
United States · United States Congress · 22 July 2005
Expresses the sense of the House of Representatives that: (1) the Federal Trade Commission should investigate the publication of the video game "Grand Theft Auto: San Andreas" to determine if the publisher, Rockstar Games, intentionally deceived the Entertainment Software Ratings Board to avoid an "Adults-Only" rating; and (2) if it determines Rockstar Games to have committed such deception or fraud, the Commission should apply the toughest of penalties.
United States · United States Congress · 21 July 2005
State Defense Force Improvement Act of 2005 - Recognizes state defense forces as integral military components of the Nation's homeland security effort, while reaffirming that such forces remain entirely state regulated, organized, and equipped, and recognizing that they will be used for homeland security purposes exclusively at the local level under state law. Authorizes the Secretary of Defense to coordinate homeland security efforts with, and provide assistance (including the use of Department of Defense (DOD) property, arms, equipment, and facilities) to, a state defense force, upon request. Leaves participation by a state defense force in a DOD or Department of Homeland Security training program to state discretion. Requires a state to reimburse DOD for training assistance costs. Provides that funds available to DOD may not be made available to a state defense force. Makes the state liable for any injuries or damages incurred by a defense force member while engaged in training activities or state active duty.
United States · United States Congress · 20 July 2005
Designates the facility of the United States Postal Service located at 6483 Lincoln Street in Gagetown, Michigan, as the "Gagetown Veterans Memorial Post Office."
United States · United States Congress · 18 July 2005
Free Flow of Information Act of 2005 - Prohibits a federal entity from compelling a "covered person" (i.e., a newspaper, television broadcast station, wire service, or other media outlet, and specified employees and contractors) to testify or produce any document unless a court determines that: (1) the party seeking to compel has unsuccessfully attempted to obtain such testimony or document from all other non-covered persons; (2) in a criminal matter, there are reasonable grounds to believe a crime has occurred and the testimony or document sought is essential to the investigation, prosecution, or defense of the crime; (3) in a non-criminal matter, the testimony or document is essential to a dispositive issue of substantial importance; and (4) in any matter in which testimony or a document could reveal the source's identity, disclosure is necessary to prevent imminent and actual harm to national security and such harm outweighs the public interest in protecting the free flow of information. Requires the content of compelled testimony or documents to be limited and narrowly tailored. Exempts certain commercial or financial information. Makes this Act applicable to testimony or documents that a third party or federal entity seeks from a communications service provider relating to business transactions with a covered person. Sets forth notice requirements. Permits a court to delay notice to a covered person upon determining that such notice would pose a substantial threat to the integrity of a criminal investigation.
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 · 12 July 2005
Patient Safety and Quality Improvement Act - Amends the Public Health Service Act to protect patient safety work product from being subject to certain disclosures, including pursuant to a civil or administrative subpoena. Defines "patient safety work product" to mean a document or communication that: (1) is developed by a provider for the purpose of reporting to a patient safety organization (PSO); (2) is created by a PSO; or (3) would reveal deliberations or analytic process of a patient safety evaluation system. Prohibits: (1) a provider from using the good faith reporting of information to a PSO against an individual in an adverse employment action; or (2) a person from disclosing patient safety work product in violation of this Act if such disclosure constitutes a negligent or knowing breach of confidentiality. Requires the Secretary of Health and Human Services to: (1) provide for the establishment and maintenance of a database to receive relevant nonidentifiable patient safety work product; (2) establish a process for certifying PSOs; and (3) develop or adopt voluntary national standards that promote the interoperability of information technology systems involved with health care delivery. Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary to require manufacturers, packagers, or labelers of any drug or biological product to include a unique product identifier on the packaging of such drug or product. Allows the Secretary to make grants to qualified practitioners for the purpose of establishing electronic prescription programs. Requires the Secretary, acting through the Director of the Agency for Healthcare Research and Quality (AHRQ), to assess the effectiveness of the use of electronic prescription programs. Requires the Secretary to make grants to hospitals and health care providers for acquiring or implementing information technologies.
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
Healthy Start Reauthorization Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to consider certain criteria in making grants under the Healthy Start Initiative, including: (1) factors that contribute to infant mortality, such as low birthweight; and (2) the extent to which applicants for grants facilitate a community-based approach to the delivery of services and a comprehensive approach to women's health care to improve perinatal outcomes. Eliminates authority for the Secretary to make additional grants to: (1) assist communities with technical assistance, replication of successful projects, and state policy formation to reduce infant and maternal mortality and morbidity; and (2) conduct and support research and to provide additional health care services for pregnant woman and infants.
United States · United States Congress · 28 June 2005
Drug Free Sports Act - Directs the Secretary of Commerce to issue regulations requiring professional sports associations to adopt and enforce policies and procedures for the random testing of athletes (a minimum of five times throughout each year, without advance notification) for the use of performance-enhancing substances. Requires the Secretary to: (1) prescribe the substances for which each athlete is to be tested and include prohibited substances as determined by the World Anti-Doping Agency and substances designed to conceal the presence of performance-enhancing substances in the body; (2) establish criteria for exemptions for documented legitimate medical or therapeutic usage; (3) establish criteria for tests to be administered by an independent party; and (4) establish criteria for suspension reduction for an athlete who has tested positive but who establishes that he or she bears no fault or negligence or no significant fault or negligence. Directs that the penalty for a positive test result is suspension for one-half of the season of play for the first violation, one full season of play for the second violation, and permanent suspension for a third violation. Requires disclosure to the public of the name of any athlete that tests positive. Provides for an opportunity for a prompt hearing and an appeal before an arbiter. Allows the Secretary to fine any such association for failure to adopt and enforce testing policies and procedures consistent with the regulations. Requires the Comptroller General to study the testing policies and practices for the use of performance-enhancing substances by college and secondary school athletes.
United States · United States Congress · 21 June 2005
Currency Harmonization Initiative through Neutralizing Action Act of 2005 - Directs the Secretary of the Treasury to analyze annually the exchange rate policies of the People's Republic of China, and to impose additional tariffs, if necessary, to equalize any currency manipulations.
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 · 17 June 2005
Federal Prison Industries Competition in Contracting Act of 2005 - Amends the federal criminal code to replace provisions regarding the purchase of prison-made products by federal departments with provisions establishing a government-wide procurement policy relating to purchases from Federal Prison Industries (FPI), which shall generally require the use of competitive procedures. Authorizes a contract award to be made to FPI using other than competitive procedures: (1) if a product or service is only available from FPI; and (2) by the Federal Bureau of Prisons (the Bureau). Requires that an analysis of the probable impact of a proposed expansion of sales within the federal market by FPI on private sector firms and their non-inmate workers be made whenever FPI proposes to authorize the sale of a new specific product or service or to expand production of a current product or service. Prohibits the total dollar value of FPI sales to the government in FY 2007 through 2011 from exceeding specified percentages of FPI sales for the base period. Amends the Federal Property and Administrative Services Act of 1949 to require an executive agency: (1) before purchasing a product listed in the latest edition of the FPI catalog, to determine whether the FPI product is comparable to products available from the private sector; and (2) if such product is not comparable, to use competitive procedures or make an individual purchase under a multiple award. Authorizes FPI to enter into a contract with a federal contractor to produce products as a subcontractor or supplier in the performance of a federal procurement contract. Includes services within the scope of a prohibition against transporting (in interstate commerce or from a foreign country) goods produced by prisoners. Establishes within the Bureau of Prisons: (1) the Enhanced In-Prison Educational and Vocational Assessment and Training Program; and (2) the Cognitive Abilities Assessment Demonstration Program. Directs: (1) the Chief Operating Officer of FPI to develop proposals to have FPI donate products and services to eligible entities that provide goods or services to low-income individuals who would likely otherwise have difficulty purchasing such products or services; (2) the Director of the Bureau to afford to inmates opportunities to participate in programs and activities designed to help prepare such inmates to obtain employment upon release; and (3) the Comptroller General to undertake to have an independent study conducted on the effects of eliminating FPI's mandatory source authority.
United States · United States Congress · 16 June 2005
Prohibits the issuance of any federal or state permit or lease for new oil and gas slant, directional, or offshore drilling in or under one or more of the Great Lakes.
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
Prematurity Research Expansion and Education for Mothers who deliver Infants Early Act or PREEMIE Act - Amends the Public Health Service Act to require the Director of the National Institutes of Health (NIH) to expand and coordinate NIH research on preterm labor and delivery, infant mortality, and low birthweight infants. Establishes the Maternal-Fetal Medicine Units Network and the Neonatal Research Units Network within NIH. Requires the Director of the Centers for Disease Control and Prevention (CDC) to: (1) expand and coordinate CDC activities on preterm labor and delivery and infant mortality; (2) conduct a study on the relationship between prematurity, birth defects, and developmental disabilities; and (3) review the Pregnancy Risk Assessment Monitoring Survey. Requires the National Institute of Child Health and Human Development's national longitudinal study of environmental influences on children's health and development to consider the impact of assisted reproduction technologies. Requires the Director of NIH to contract with the Institute of Medicine to study the health and economic consequences of preterm birth. Directs the Administrator of the Health Resources and Services Administration (HRSA) to assess certain core performance and outcome measures utilized under the Social Security Act for purposes of expanding such measures to include known risk factors of low birthweight and prematurity. Requires the Secretary of Health and Human Services to: (1) conduct a demonstration project to improve the provision of information on prematurity to health professionals and the public; (2) conduct projects to support the informational and emotional needs of families during the stay of an infant in a neonatal intensive care unit, during the transition of the infant to the home, and in the event of a newborn death; and (3) establish an Interagency Coordinating Council on Prematurity and Low Birthweight.
United States · United States Congress · 9 June 2005
Constitutional Amendment - Requires Representatives to be apportioned among the several States according to their respective numbers, which shall be determined by counting the number of persons in each State who are U.S. citizens.
United States · United States Congress · 8 June 2005
Abraham Lincoln Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue $1 coins emblematic of the life and legacy of President Abraham Lincoln in commemoration of the bicentennial of his birth. Permits issuance of such coins only during 2009. Subjects the coin sales to a surcharge of $10 per coin.
United States · United States Congress · 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
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 · 26 May 2005
Long-Term Care and Retirement Security Act of 2005 - Amends the Internal Revenue Code to: (1) allow a tax deduction from gross income for long-term care insurance premiums; (2) include long-term care insurance in employee benefit cafeteria plans and flexible spending arrangements; (3) allow a tax credit for certain long-term care costs; (4) set forth certain consumer protections for long-term care insurance contracts; and (5) allow tax free exchanges of long-term care insurance contracts.
United States · United States Congress · 24 May 2005
Antifreeze Bittering Act of 2005 - Requires engine coolant or antifreeze that is manufactured six months after the enactment of this Act, and that contains more than 10 percent ethylene glycol, to include denatonium benzoate at a minimum of 30 parts per million and a maximum of 50 parts per million as a bittering agent so as to render the coolant or antifreeze unpalatable. Requires a coolant or antifreeze manufacturer to maintain records of compliance with this Act. Limits the liability of manufacturers, distributors, recyclers, or sellers of engine coolant or antifreeze who are in compliance with the requirements of this Act for personal and property loss or damage to the environment that results from the inclusion of denatonium benzoate in any coolant or antifreeze. Declares this Act inapplicable to: (1) the sale of a motor vehicle that contains engine coolant or antifreeze; or (2) wholesale containers of engine coolant or antifreeze containing 55 gallons or more of engine coolant or antifreeze.
United States · United States Congress · 19 May 2005
International Solid Waste Importation and Management Act of 2005 - Amends the Solid Waste Disposal Act to authorize states to enact laws restricting the receipt and disposal of foreign municipal solid waste within their borders until the Administrator of the Environmental Protection Agency (EPA) issues regulations implementing and enforcing the Agreement Concerning the Transboundary Movement of Hazardous Waste between the United States and Canada (Agreement). Defines the authority of the Administrator with respect to the importation and exportation of municipal solid waste under the Agreement. Requires the Administrator to give substantial weight to the views of affected states and local governments before consenting to the importation of foreign municipal solid waste into the United States under the Agreement, and to consider the impact of such importation on: (1) the continued public support for state and local recycling programs; (2) landfill capacities; (3) air emissions and road deterioration from increased vehicular traffic; and (4) homeland security, public health, and the environment. Authorizes the Administrator to assess civil penalties for any past or current violations of this Act or to commence a civil action in the U.S. district court.
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 · 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
National Trails System Willing Seller Act - Amends the National Trails System Act to: (1) prohibit the Government acquisition of lands outside the exterior boundaries of any federally administered area, except with the owner's consent, for the Oregon, Mormon Pioneer, Lewis and Clark, Iditarod, and Nez Perce National Historic Trails and the Continental Divide, North Country, Ice Age, and Potomac Heritage National Scenic Trails; and (2) provide that the Government's authority to acquire fee title shall be limited to an average of not more than one-quarter mile on either side of such national historic trails and the Continental Divide National Scenic Trail.
United States · United States Congress · 12 May 2005
Amends the Internal Revenue Code to: (1) permanently extend the 50 percent and 30 percent bonus depreciation for certain original use property, including water utility property, computer software, or qualified leasehold improvement property; (2) permit the use of the percentage of completion accounting method for computing certain depreciation allowances; and (3) allow corporate taxpayers to elect an increased refundable alternative minimum tax credit in lieu of taking a bonus depreciation deduction.
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 · 11 May 2005
Family Budget Protection Act of 2005 - Amends the Congressional Budget Act of 1974 to eliminate the May 15 deadline for consideration of annual appropriations measures. Requires annual joint (currently, concurrent) budget resolutions signed by the President. Provides for an amendment to change the statutory limit on the public debt. Requires consideration of budget-related legislation before the budget resolution becomes law. Provides expedited procedures for presidential vetoes of joint budget resolutions. Provides for establishment of a reserve fund for emergencies. Requires: (1) biennial (currently, annual) budget resolutions; (2) biennial appropriations Acts; and (3) biennial government strategic and performance plans. Provides spending caps on the growth of entitlements and mandatory budget outlays. Excludes from such limitation until FY2008 direct spending programs and direct spending under part D (relating to the Voluntary Prescription Drug Benefit Program) of title XVIII (Health Insurance for the Aged and Disabled) under the Social Security Act (SSA) or spending under part C of such title (relating to the Medicare+Choice Program) that is attributable to such part D. Exempts benefits payable under title II (Old Age, Survivors and Disability Insurance) of SSA, Tier 1 railroad retirement benefits, and benefits payable under part A of title XVIII (relating to Hospital Insurance Benefits for the Aged and Disabled) of SSA and part C of such title (relating to the Medicare+Choice program) from required reductions under the Balanced Budget and Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), along with specified government accounts and activities. Provides other exceptions, limitations, and special rules with respect to sequestration exemptions. Directs the Chairman of the House and Senate Committees on the Budget each to maintain a Budget Protection Mandatory Account and a Budget Protection Discretionary Account. Amends the Congressional Budget Act of 1974 to require: (1) an analysis of long-term unfunded obligations in the President's budget submission; and (2) long-term unfunded obligation analyses by the Congressional Budget Office (CBO). Makes it out of order to consider legislation, if upon enactment, it would increase the long-term unfunded obligation of the Old Age, Survivors and Disability Insurance (OASDI) as defined in the CBA. Freezes at current levels spending authority for each unearned entitlement and high-cost discretionary spending program unless such spending authority is reauthorized after the enactment of this Act. Establishes the Commission to Eliminate Waste, Fraud, and Abuse. Provides for accrual funding of the: (1) Civil Service Retirement and Disability Fund; (2) Central Intelligence Agency Retirement and Disability System; and (3) Foreign Service Retirement and Disability System. Establishes in the Treasury: (1) the Public Health Service Commissioned Corps Retirement Fund; (2) the National Oceanic and Atmospheric Administration Commissioned Officer Corps Retirement Fund; and (3) the Coast Guard Military Retirement Fund. Changes the name of the Department of Defense Medicare-Eligible Retiree Health Care Fund to Uniformed Services Health Care Fund (thus, providing health care programs for all uniformed service retirees, under certain conditions). (Currently, such programs are for Department of Defense Medicare-eligible beneficiaries.) Decreases the limit on the public debt from $6.4 trillion to $4.393 trillion. Repeals rule XXVII of the House of Representatives (the Gephardt Rule, relating to mandatory adjustment of the statutory limit on the public debt to conform to a budget resolution). Prohibits consideration of extraneous appropriations in omnibus appropriations measures.
United States · United States Congress · 10 May 2005
Breast Cancer and Environmental Research Act of 2005 - Amends the Public Health Service Act to require the Director of the National Institute of Environmental Health Sciences to make grants to public or nonprofit private entities for the development and operation of not more than eight centers to conduct multidisciplinary and multi-institutional research on environmental factors that may be related to the etiology of breast cancer. Requires each such center to: (1) be known as a Breast Cancer and Environmental Research Center of Excellence; (2) establish ongoing collaborations with community organizations; (3) be formed from a consortium of cooperating institutions; (4) be supported under this Act for a period of not more than five years with additional periods allowed after review and recommendation; and (5) use innovative approaches to study unexplored areas of the environment and breast cancer. Requires the Secretary of Health and Human Services to establish a Breast Cancer and Environmental Research Panel to make recommendations for and to review grants awarded under this Act.
United States · United States Congress · 5 May 2005
Great Lakes Environmental Protection and Restoration Programs Reauthorization Act - Amends the Water Resources Development Acts of 2000, 1990, and 1996, respectively, to reauthorize appropriations for: (1) Great Lakes fishery and ecosystem restoration; (2) Great Lakes remedial action plans and sediment remediation projects; and (3) the development of a tributary sediment transport model for the Great Lakes. Reauthorizes appropriations under: (1) the Food Security Act of 1985 for the Great Lakes basin program for soil erosion and sediment control; (2) the Great Lakes and Lake Champlain Act of 2002 for research and development; and (3) the Federal Water Pollution Control Act for the Great Lakes National Program Office. Directs such Office and the Great Lakes Research Office to submit the joint research plan to the Executive Committee of the Regional Collaboration. Authorizes appropriations for: (1) the Great Lakes Coordination Office; (2) research on fisheries and ecosystems in the Lower Great Lakes; and (3) the Director of the U.S. Geological Survey, for use by the Great Lakes Science Center. Reauthorizes national programs for the prevention, reduction, and elimination of pollution and authorizes the Administrator of the Environmental Protection Agency (EPA), in carrying out such programs, to provide technical assistance to rural and small municipalities to help in planning, developing, and acquiring financing for wastewater infrastructure assistance. Extends the payment period for water pollution control revolving loan funds. Authorizes a State to provide additional subsidization to benefit a municipality that meets specified requirements. Codifies: (1) the Great Lakes Interagency Task Force within EPA (as originally established by Executive Order 13340); and (2) the Framework for the Great Lakes Regional Collaboration.
United States · United States Congress · 4 May 2005
Meat Promotion Act of 2005 - Amends the Agricultural Marketing Act of 1946 to replace current mandatory country of origin labeling requirements with a voluntary country of origin labeling program for meat and meat products. Sets forth: (1) limitations on use of United States country of origin labels; and (2) civil penalties for program violations.
![Official portrait of Rep. Upton, Fred [R-MI-6]](https://www.congress.gov/img/member/u000031_200.jpg)