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Year-End Report
H.R. 3717 - Broadcast Decency Enforcement Act of 2004
Posted by on March 11, 2004
H.R.3717 Bill was approved by a vote of 391-22 Burgess Voted Yes Title:To increase the penalties for violations by television and radio broadcasters of the prohibitions against transmissions of obscene, indecent, and profane material, and for other purposes. Sponsor: Rep Upton, Fred [MI-6] (introduced 1/21/2004) Cosponsors: 145 Committees: House Energy and Commerce House Reports: 108-434 Related Bills: H.RES.554, S.2056 Latest Major Action: 3/11/2004 Received in the Senate. -------------------------------------------------------------------------------- SUMMARY AS OF: 1/21/2004--Introduced. Broadcast Decency Enforcement Act of 2004 - Amends the Communications Act of 1934 to provide that, if the violator of the terms and conditions of any Federal Communications Commission (FCC) license, permit, or certificate is either a broadcast station licensee or permittee or an applicant for a broadcast license, permit, or certificate, and such violator is determined by the FCC to have broadcast obscene, indecent, or profane language, the amount of forfeiture penalty shall not exceed $275,000 for each violation or day of such violation, to a maximum of $3 million for any single act or failure to act.
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Burgess Speaks Out on TEA-21 & the RAPID Act
Posted by on March 10, 2004
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S. 1881 - Medical Devices Technical Corrections Act
Posted by on March 10, 2004
S.1881 Bill was approved by a vote of 396-0 Burgess Voted Yes Title:A bill to amend the Federal Food, Drug, and Cosmetic Act to make technical corrections relating to the amendments by the Medical Device User Fee and Modernization Act of 2002, and for other purposes. Sponsor: Sen Alexander, Lamar [TN] (introduced 11/18/2003) Cosponsors: 3 Committees: Senate Health, Education, Labor, and Pensions; House Energy and Commerce House Reports: 108-433 Related Bills: H.R.3493 Latest Major Action: 3/12/2004 Resolving differences / Conference -- Senate actions. Status: Senate agreed to House amendment by Unanimous Consent. -------------------------------------------------------------------------------- SUMMARY AS OF: 3/10/2004--Passed House, amended. (This measure has not been amended since it was reported to the House on March 9, 2004. The summary of that version is repeated here.) Medical Devices Technical Corrections Act - Amends the Federal Food, Drug, and Cosmetic Act (as amended by the Medical Device User Fee and Modernization Act of 2002) to revise provisions concerning medical devices user fees. Prohibits the Secretary of Health and Human Services from collecting fees to defray costs in any fiscal year where the amount appropriated is more than five percent below the costs of the resources allocated for the review of device applications. Allows the Secretary to withdraw accreditation to inspect from any person where the Secretary determines that there is a conflict of interest between the company and the accredited inspector. Permits a company that markets at least one medical device in the United States and one medical device in another country to use an accredited third party inspector if the company certifies that the foreign country recognizes inspections by: (1) the Food and Drug Administration (FDA); and/or (2) the third party inspector. (Current law requires a country to recognize both types of inspections.) Allows the Secretary to withdraw eligibility for third party inspections from a company if the Secretary determines that the company is substantially not in compliance with the Act. Allows electronic labeling for prescription devices intended for use by health care professionals and for in vitro diagnostic devices intended for use by health care professionals or in blood establishments. Delays by 18 additional months the effective date of the provision deeming a device misbranded if the identification of the manufacturer is not conspicuously displayed. Directs the Secretary to submit a report to the relevant committees on the barriers to the availability of devices intended for treatment or diagnosis of diseases or conditions that affect children.
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H.R. 339 - Personal Responsibility in Food Consumption Act
Posted by on March 10, 2004
H.R.339 Bill was approved by a vote of 276-139 Burgess Voted Yes Watt of North Carolina Amendment--Burgess voted No Jackson-Lee of Texas Amendment--Burgess voted No Ackerman of New York Amendment--Burgess voted No Andrews of New Jersey Amendment--Burgess voted No Watt of North Carolina Amendment--Burgess voted No Scott of Virginia Amendment--Burgess voted No Title:To prevent legislative and regulatory functions from being usurped by civil liability actions brought or continued against food manufacturers, marketers, distributors, advertisers, sellers, and trade associations for claims of injury relating to a person's weight gain, obesity, or any health condition associated with weight gain or obesity. Sponsor: Rep Keller, Ric [FL-8] (introduced 1/27/2003) Cosponsors: 119 Committees: House Judiciary House Reports: 108-432 Related Bills: H.RES.552 Latest Major Action: 3/11/2004 Received in the Senate. -------------------------------------------------------------------------------- SUMMARY AS OF: 1/27/2003--Introduced. Personal Responsibility in Food Consumption Act - Shields the manufacturer, distributor, or seller of a food or non-alcoholic beverage product intended for human consumption from civil liability, relating to consumption of such products, in Federal or State court, unless the plaintiff proves that the product was not in compliance with applicable statutory and regulatory requirements at the time of sale.
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Statement on the Iraq Constitution
Posted by Michelle Stein on March 9, 2004
The following statement may be attributed to Congressman Michael C. Burgess, M.D. (TX-26): “On March 8, 2004 Iraq's leaders signed an interim constitution embarking on a single path toward democratic rule. This momentous event was made possible through an arduous process which was enabled through the continuing war on terrorism and the guidance of democracies around the world. Those wishing to curb freedom tried to bully the signing through bombings and extremist political deadlocks, but in the end, the will of a freed people succeeded.” “On my first mission, in August, I remembered Iraqi citizens stating that they were not afraid of the United States staying in Iraq too long, they were afraid of Americans leaving too early. They did not want us to “cut and run” but to stay and bring about change for the better.” “Having recently returned from Iraq, my second mission there since being elected to Congress, I am grateful that this interim constitution is finally in place. The Iraqi people have waited much too long for such a day, and trust me when I say, they are rejoicing.” “In the six month span of time between my visits, I witness exponential growth in Iraq. Their health care, transportation, agriculture and civil service systems blossomed. Their markets were booming, the children were in school and the government was not only operating but also preparing for the new constitution.” “There is no doubt in my mind that this step toward democracy in Iraq is the fruit of American resolve to bring peace to the Middle East. We made a commitment to the Iraqis that we would liberate them from Saddam, and we have done so. We said we help them to have a constitution, and we have accomplished this task.” “So let us not forget how impressive a feat this Iraqi constitution truly is. Just a year ago, dictator Saddam Hussein ruled. Now, Iraq is a burgeoning democracy. For a historical perspective, over a decade transpired between when the United States declared its independence to the time it proposed the U.S. Constitution.” “As the primary and general elections roll on through the year, never forget the sacrifices made to give you the right to vote. Remember where you have come from and always help others to achieve their greatness.”
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Medicare Modernization - Speaking from the Floor
Posted by on March 9, 2004
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Helping Local Families to Finance College Educations
Posted by Michelle Stein on March 5, 2004
This past week, Representative Michael C. Burgess, M.D. (TX-26) was honorary host at a "Paying for College" event sponsored by The SallieMae Fund. The event, hosted at the Lewisville High School Auditorium, was dedicated to informing parents and students about different ways to finance a college education in the 21st Century. The seminar drew a crowd of 90 residents from the 26th Congressional District. In addition to being versed on financing, SallieMae awarded a $1000 dollar scholarship to a lucky participant of the workshop. The scholarship was graciously received by the parent of Matthew Kiser, a Colony High School junior, who was away at a baseball tournament. Matthew, a nine-year resident of The Colony, is on the junior varsity baseball team and plays varsity football. Cherry Kiser, Matthew’s mother, states that he is considering attending East Texas Baptist University in Marshall, Texas. Congressman Michael Burgess and his staff will be coordinating with SallieMae for future “Paying for College” events in the 26th District. For more information about SallieMae, please visit their website at www.salliemae.com or follow a link from Congressman Burgess’ website at www.house.gov/burgess.
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Be an American - Be a Voter
Posted by Michelle Stein on March 4, 2004
The following statement may be attributed to Congressman Michael C. Burgess, M.D. (TX-26): “Our U.S. Constitution is a symbol of freedom and democracy. Within its rich language, we, as Americans, are given certain rights. And chief among those rights is the right to vote. Next week is National Voter Registration Week (March 6-13, 2004), and I want to encourage all eligible citizens to exercise your right to vote by becoming a registered voter. I recently returned from a mission to the Middle East where I witnessed a burgeoning democracy. The forefathers of America were ever-present in my mind as I watched these newly freed people prepare themselves for life governed by a just, stable constitution. People around the world to this day are still sacrificing their lives for the right to vote. We often forget how truly blessed we are in America, and this next week, I want to encourage you to take the simple steps necessary to become a registered voter. Be thankful you already have the right to vote and now, you have the opportunity to be heard.” The Secretary of State is the chief election officer for the State of Texas. The Secretary of State’s Elections Division provides assistance to the general public on voter registration and other election issues through their toll-free number, 1-800-252-VOTE (8683) and via the Internet at Elections at Texas Secretary of State. For general information on voting, visit the Texas Secretary of State website. To be eligible to register in Texas, you must: • be a U.S. citizen; • be a resident of the county; • be 18 years old (you may register at 17 years and 10 months); • not a convicted felon (unless a person's sentence is completed, including any probation or parole); and • not declared mentally incapacitated by a court of law. For the 26th District, please contact the following representatives for more information: Collin Elections Administrator Sharon Rowe 2010 Redbud Boulevard Suite 102 McKinney, TX 75069 Tel: (972) 547-1900 or (972) 424-1460 Ext. 1900 Dallas Elections Administrator Bruce Sherbet 2377 North Stemmons Suite 820 Dallas, TX 75207 Tel: (214) 819-6300 Denton Elections Administrator Don Alexander PO Box 1720 Denton, TX 76202 Tel: (940) 349-3200 Tarrant Elections Administrator Robert Parten 100 West Weatherford Street Fort Worth, TX 76102 Tel: (817) 884-1115 Wise Tax Assessor-Collector Pat Younger 404 West Walnut Street Decatur, TX 76234 Tel: (940) 627-3523
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H.R. 3752 - Commercial Space Launch Amendments Act
Posted by on March 4, 2004
H.R.3752 Bill was approved by a vote of 402-1 Burgess Voted Yes Title:To promote the development of the emerging commercial human space flight industry, to extend the liability indemnification regime for the commercial space transportation industry, to authorize appropriations for the Office of the Associate Administrator for Commercial Space Transportation, and for other purposes. Sponsor: Rep Rohrabacher, Dana [CA-46] (introduced 2/3/2004) Cosponsors: 4 Committees: House Science; Senate Commerce, Science, and Transportation House Reports: 108-429 Related Bills: H.RES.546, S.1260 Latest Major Action: 3/8/2004 Referred to Senate committee. Status: Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation. -------------------------------------------------------------------------------- SUMMARY AS OF: 3/1/2004--Reported to House, without amendment. (This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Commercial Space Launch Amendments Act of 2004 - (Sec. 2) States that Congress finds that: (1) the goal of opening space to the American people and to their private commercial enterprises should guide Federal space investments, policies, and regulations; (2) private industry has begun to develop commercial launch vehicles capable of carrying human beings into space; (3) greater private investment in these efforts will stimulate the commercial space transportation industry; and (4) space transportation is inherently risky. (Sec. 3) Amends the Commercial Space Launch Act to define the following terms: (1) crew; (2) permit; (3) space flight participant; (4) suborbital rocket; and (5) suborbital trajectory. Amends the definitions of: (1) launch; (2) launch services; (3) reentry services; (4) launch vehicle; (5) reenter and reentry; and (6) third party. Specifies that regulatory authority for such transportation shall be with the Secretary of Transportation, through the Associate Administrator for Commercial Space Transportation. (Current law specifies the Secretary of Transportation.) Provides for the issuance of experimental permits (including permits for reusable suborbital rockets) allowing for an unlimited number of launches. Prohibits operating a reusable suborbital rocket under a permit for carrying any property or human being for compensation or hire. Directs the Secretary when issuing permits, in order to encourage the development of a commercial space flight industry and to the greatest extent practicable, to waive certain requirements if such requirements are determined not necessary to protect the public health and safety. Permits the holder of a license or a permit to: (1) launch or reenter crew only if the crew has received specified training and has satisfied specified medical standards; (2) launch or reenter a space flight participant only if the holder of the license or permit has informed the space flight participant in writing about the risks of the launch or reentry, including the safety record of the launch or reentry vehicle type, and the space flight participant has provided written informed consent to participation in the launch or reentry; and (3) launch and reenter crews and space flight participants only in accordance with regulations and applicable laws. Provides for expedited procedures for the issuance of permits. Requires crew and space flight participants to execute reciprocal waivers of claims with licensees and permitees and the Federal government. Makes liability indemnification program requirements inapplicable to space flight participants. Extends, for three years, liability insurance and financial responsibility requirements. Authorizes appropriations through FY 2007. (Sec. 4) Requires the Secretary of Transportation to arrange for a study of how best to gradually eliminate the liability risk sharing regime for commercial space transportation. Requires the study to assess methods by which the liability risk sharing regime could be eliminated by 2008 or as soon as possible thereafter and the impact those methods would be likely to have on the commercial space transportation industry.
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H.R. 912 - Pete Conrad Astronomy Awards Act
Posted by on March 3, 2004
H.R.1912 Bill was approved by a vote of 404-1 Burgess Voted Yes Title:To amend the Internal Revenue Code of 1986 to modify the unrelated business taxable income rules. Sponsor: Rep Camp, Dave [MI-4] (introduced 5/1/2003) Cosponsors: 9 Committees: House Ways and Means Latest Major Action: 5/1/2003 Referred to House committee. Status: Referred to the House Committee on Ways and Means. -------------------------------------------------------------------------------- SUMMARY AS OF: 5/1/2003--Introduced. Amends the Internal Revenue Code to modify rules regarding unrelated business taxable income for amounts received from controlled entities.
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