United States · United States Congress · 10 March 2005
Genetic Information Nondiscrimination Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act to expand the prohibition against discrimination by group health plans and health insurance issuers in the group and individual markets on the basis of genetic information or services to prohibit: (1) enrollment and premium discrimination based on information about a request for or receipt of genetic services; and (2) requiring genetic testing. Sets forth penalties for violations. Amends title XVIII (Medicare) of the Social Security Act to prohibit issuers of Medicare supplemental policies from discriminating on the basis of genetic information. Extends medical privacy and confidentiality rules to the disclosure of genetic information. Makes it an unlawful employment practice for an employer, employment agency, labor organization, or training program to discriminate against an individual or deprive such individual of employment opportunities because of genetic information. Prohibits the collection and disclosure of genetic information, with certain exceptions. Establishes a Genetic Nondiscrimination Study Commission to review the developing science of genetics and advise Congress on the advisability of providing for a disparate impact cause of action under this Act.
United States · United States Congress · 8 March 2005
Prohibits U.S. assistance to the Palestinian Authority (PA) unless the President certifies to the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate that: (1) the PA leadership is not tainted by violence, has publicly rebuked Palestinian violence, has ended incitement, and has taken all actions within its capacity to dismantle the terrorist infrastructure; and (2) the violence in the West Bank and Gaza has subsided.
United States · United States Congress · 8 March 2005
Incapacitated Persons Legal Protection Act of 2005 - Amends the Federal judicial code to extend habeas corpus protections to persons who are subject to a court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain the person's life. Deems persons having custody in such cases to encompass parties so authorized or directed. States that there shall be no requirement to produce the body of the incapacitated person at the hearing. Exempts from this Act those cases in which the incapacitated person indisputably executed a written advance directive while having capacity that clearly authorized the withholding or withdrawal of food, fluids, or necessary medical treatment. Defines "incapacitated person" to mean an individual presently incapable of making relevant decisions concerning the provision, withholding, or withdrawal of food, fluids, or medical treatment under applicable State law.
United States · United States Congress · 3 March 2005
Desalination Drought Protection Act of 2005 - Requires the Secretary of Energy to: (1) make specified incentive payments to the owners or operators of qualified desalination facilities (facilities first used to produce desalinated water after enactment of this Act) for up to ten years to partially offset the cost of electrical energy required to operate such facilities; and (2) support research and development of promising novel technology approaches for the cost-effective desalination of water.
United States · United States Congress · 3 March 2005
Marriage Protection Act of 2005 - Amends the Federal judicial code to deny Federal courts jurisdiction to hear or decide any question pertaining to the interpretation of: (1) the provision of the Defense of Marriage Act that provides that no State shall be required to give effect to any marriage between persons of the same sex under the laws of any other State; or (2) this Act.
United States · United States Congress · 3 March 2005
Constitution Restoration Act of 2005 - Amends the Federal judicial code to prohibit the U.S. Supreme Court and the Federal district courts from exercising jurisdiction over any matter in which relief is sought against an entity of Federal, State, or local government or an officer or agent of such government concerning that entity's, officer's, or agent's acknowledgment of God as the sovereign source of law, liberty, or government. Prohibits a court of the United States from relying upon any law, policy, or other action of a foreign state or international organization in interpreting and applying the Constitution, other than English constitutional and common law up to the time of adoption of the U.S. Constitution. Provides that any Federal court decision relating to an issue removed from Federal jurisdiction by this Act is not binding precedent on State courts. Provides that any Supreme Court justice or Federal court judge who exceeds the jurisdictional limitations of this Act shall be deemed to have committed an offense for which the justice or judge may be removed, and to have violated the standard of good behavior required of Article III judges by the Constitution.
United States · United States Congress · 3 March 2005
Declares that the steel import licensing and monitoring program established by the Secretaries of the Treasury and of Commerce shall remain in effect and be established by the Secretary of Commerce as a permanent program. Requires the Secretaries to expand the program to include all iron and steel, and all articles of iron and steel, specified in this Act. Requires release of the import and licensing data made available to the public as part of this program, based upon classifications at the tenth digit level of the Harmonized Schedule of the United States. Grants the Secretaries authority to maintain the program and to expand it as necessary and appropriate in accordance with this Act.
United States · United States Congress · 3 March 2005
RU-486 Suspension and Review Act of 2005 - Deems the approved application for the drug mifepristone (marketed as Mifeprex, commonly known as RU-486, and used for the chemically induced termination of intrauterine pregnancy) to have been withdrawn. Deems the drug misoprostol to be misbranded under the Federal Food, Drug, and Cosmetic Act (FFDCA) if it bears labeling providing that the drug may be used for the medical termination of intrauterine pregnancy. Directs the Comptroller General to review and report on the process by which the Food and Drug Administration (FDA) approved mifepristone. Provides for the reinstatement of the approved application for such drug if the report determines the approval to have been in accordance with FFDCA.
United States · United States Congress · 1 March 2005
Amends the Internal Revenue Code to permit: (1) Federal civilian and military retirees to pay Federal Employees Health Benefits Program (FEHBP) and TRICARE supplemental premiums on a pretax basis (i.e., exclude premiums from gross income); and (2) a tax deduction (available to itemizers and nonitemizers) for TRICARE supplemental premiums or enrollment fees. Directs the Director of the Office of Personnel Management (OPM) and the Secretary of Defense to ensure that the option of paying FEHBP and TRICARE supplemental premiums on a pretax basis is available to Federal civilian and military retirees for the first open enrollment period beginning not less than 90 days after the enactment of this Act.
United States · United States Congress · 1 March 2005
Local Emergency Radio Service Preservation Act of 2005 - Directs the Federal Communications Commission (FCC) to revise its regulations to provide that digital audio radio satellite service (DARSS): (1) licensees shall not provide services that are locally differentiated or that result in programming being delivered to consumers in one geographic market that is different from programming delivered in any other geographic market; and (2) repeaters shall be restricted to simultaneously retransmitting the programming transmitted by satellite directly to DARSS subscribers' receivers. Requires the FCC to complete a rulemaking proceeding to determine whether DARSS licensees should be permitted to provide locally oriented services on nationally distributed channels, taking into account, among other things, the ability of such licensees to afford listeners the same emergency and other information as is afforded listeners of local broadcast stations.
United States · United States Congress · 1 March 2005
English Language Unity Act of 2005 - Declares English to be the official language of the United States. Establishes the affirmative obligation of the representatives of the Federal Government to preserve and enhance the role of the English language as the Government's official language. Requires the official functions of the Government to be conducted in English. Requires: (1) a uniform English language testing standard for U.S. naturalization; and (2) all naturalization ceremonies to be conducted in English. Sets forth exceptions to, and rules of construction for, such requirements. Authorizes persons injured by violations of this Act to obtain appropriate relief in civil actions. Declares, as a general rule of construction, that English language requirements and workplace policies, whether in the public or private sector, shall be presumptively consistent with the laws of the United States. Requires the Secretary of Homeland Security to issue for public notice and comment a proposed rule for uniform testing of the English language ability of candidates for naturalization based upon the principles that: (1) all citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the Laws of the United States; and (2) any exceptions to this standard should be limited to extraordinary circumstances, such as asylum.
United States · United States Congress · 1 March 2005
Student Loan Fairness Act of 2005 - Amends the Higher Education Act of 1965 to revise student aid requirements for consolidation loans. Repeals a prohibition against refinancing consolidation loans. Allows borrowers to select lenders of consolidation loans. Requires lenders and institutions to provide certain information on consolidation loans to applicants. Revises interest rates on consolidated and reconsolidated loans.
United States · United States Congress · 17 February 2005
Amends Federal provisions relating to the military Survivor Benefit Plan (SBP) to change from October 1, 2008, to October 1, 2005, the effective date on or after which no reduction may be made in the retired pay of an SBP participant for any month after the later of: (1) the 360th month for which such pay was so reduced; and (2) the month during which the participant attains 70 years of age.
United States · United States Congress · 17 February 2005
Recreational Marine Employment Act of 2005 - Amends the Longshore and Harbor Workers' Compensation Act to revise certain exclusions from coverage by the Act. Excludes from the definition of covered employees any individuals employed by or at, or engaged in the construction or maintenance of, a recreational marine facility or structure, if the employer is in compliance with a state workers' compensation law. Defines recreational marine facility or structure as a place used primarily to build, repair, test, maintain, accommodate, buy, sell, store, restore, or dismantle recreational vessels (vessels manufactured primarily for pleasure use). Excludes from coverage individuals employed primarily to build, repair, test, maintain, accommodate, buy, sell, store, restore, transport by land, or dismantle a recreational vessel (regardless of length), if the employer is in compliance with a state workers' compensation law. Limits to a person in maritime employment who does not qualify as a seaman (currently, to any person covered by the Act), or anyone otherwise entitled to recover damages (as under current law), the entitlement to recover damages and bring an action against a vessel as a third party in the event of injury caused by the vessel's negligence. (Continues to protect the employer from liability to the vessel for such damages directly or indirectly, voiding any agreements or warranties to the contrary.)
United States · United States Congress · 17 February 2005
Secret Ballot Protection Act of 2005 - Amends the National Labor Relations Act to make it an unfair labor practice for: (1) an employer to recognize or bargain collectively with a labor organization that has not been selected by a majority of the employees in a secret ballot election conducted by the National Labor Relations Board; and (2) a labor organization to cause or attempt to cause an employer to recognize or bargain collectively with a representative that has not been selected in such manner.
United States · United States Congress · 17 February 2005
Mercury-Free Vaccines Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act to deem a banned mercury-containing vaccine to be adulterated. Amends the Public Health Service Act to provide that a vaccine is a banned mercury-containing vaccine if one dose of the vaccine contains 1 or more micrograms of mercury in any form. Authorizes the Secretary of Health and Human Services to declare that an actual or potential bioterrorist incident or other public health emergency makes the administration of such vaccines advisable for a specified period. Requires the Secretary to prohibit the distribution of banned mercury-containing influenza vaccines that are approved as biological products to: (1) any child under the age of three years old (effective July 1, 2006); (2) pregnant women if the vaccine contains thimerosal (effective July 1, 2006); and (3) any child under the age of six (effective July 1, 2007). Requires the Secretary to revise the vaccine information included with mercury-containing vaccines to include: (1) a statement that indicates the presence of mercury in the vaccine; (2) information on the availability of any mercury-free or mercury-reduced alternative vaccine and instructions on how to obtain such an alternative vaccine; and (3) a recommendation against administration of any mercury-containing vaccine to a pregnant woman. Expresses the sense of Congress that the Centers for Disease Control and Prevention (CDC) should disseminate, with any vaccine-related information, a recommendation against administration of any thimerosal-containing vaccine to a pregnant woman.
United States · United States Congress · 17 February 2005
Bipartisan Commission on Medicaid Act of 2005 - Establishes the Bipartisan Commission on Medicaid to review: (1) each of Medicaid's major functional responsibilities; (2) issues that either threaten or improve the long-term financial condition of Medicaid; (3) Federal and State policies for Medicaid and Medicare enrollment (including enrollment sites), income eligibility, outreach, and documentation; (4) the operation and effectiveness of Medicaid premium assistance programs; and (5) Medicaid payment policies.
United States · United States Congress · 17 February 2005
Medicare Access to Rehabilitation Services Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to repeal the outpatient therapy cap.
United States · United States Congress · 17 February 2005
Amends the Omnibus Parks and Public Lands Management Act of 1996 to: (1) extend to September 30, 2027, the authorization for making grants or providing assistance with respect to the National Coal Heritage Area, Tennessee Civil War Heritage Area, Augusta Canal National Heritage Area, Steel Industry Heritage Project (the Steel Industry American Heritage Area), Essex National Heritage Area, South Carolina National Heritage Corridor, America's Agricultural Heritage Partnership, Ohio & Erie Canal National Heritage Corridor (redesignated by this Act as the Ohio & Erie National Heritage Canalway), and Hudson River Valley National Heritage Area; and (2) increase the total amount that may be appropriated for such areas (with the exception of the Hudson River Valley National Heritage Area); and (3) increase the amount authorized to be appropriated for such Area. Requires all vacancies in the Ohio & Erie Canal National Heritage Corridor Committee to be filled by the Ohio & Erie Canal Association. Adds Lincoln County, West Virginia, and Paint Creek and Cabin Creek in Kanawha County, West Virginia to the National Coal Heritage Area. Provides for the Secretary to enter into a contractual agreement with the National Coal Heritage Area Authority pursuant to which the Secretary shall assist the Authority in certain activities. Makes resources within Lincoln County and Paint Creek and Cabin Creek also eligible for assistance. Provides for the Authority to submit a Coal Heritage Management Plan. Adds Berkeley County, South Carolina, to the South Carolina National Heritage Corridor.
United States · United States Congress · 17 February 2005
Death Tax Repeal Permanency Act of 2005 - Declares that the sunset provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001, which terminate its application to estates of decedents dying, gifts made, or generation skipping transfers, after December 31, 2010, shall not in fact apply to title V of such Act, which repeals estate and generation-skipping transfer taxes. (Thus makes the repeal of such taxes permanent.)
United States · United States Congress · 16 February 2005
American-Owned Property in Occupied Cyprus Claims Act - Amends the International Claims Settlement Act of 1949 to urge the President to authorize the Secretary of State to begin negotiations with Turkey to allow for certain claims by U.S. nationals respecting real property in the Turkish-held portions of Cyprus. Authorizes the Secretary of the Treasury to establish in the Treasury a Claims Fund for the payment of unsatisfied claims of U.S. nationals against Turkey. Sets forth payment procedures. Amends Federal law to grant U.S. district court jurisdiction for civil actions against any private person (any natural person or legal entity other than Turkey) by a U.S. national who owns property in the Turkish-held portion of Cyprus.
United States · United States Congress · 15 February 2005
Protection of Lawful Commerce in Arms Act - Prohibits a qualified civil liability action from being brought in any state or federal court against a manufacturer or seller of a firearm, ammunition, or a component of a firearm that has been shipped or transported in interstate or foreign commerce (or against a trade association of such manufacturers or sellers) for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of a firearm. Requires pending actions to be dismissed. Excludes actions: (1) brought against a person who has been convicted of transferring a firearm knowing that it would be used to commit a crime of violence or a drug trafficking crime, by a party directly harmed by such crime; (2) brought against a seller for negligent entrustment or negligence per se; (3) in which a manufacturer or seller of a firearm knowingly violated a state or federal statute applicable to the sale or marketing of the firearm, if the violation was a proximate cause of the harm for which relief is sought; (4) for breach of contract or warranty in connection with the purchase of the firearm; or (5) for death, physical injuries, or property damage resulting directly from a defect in design or manufacture of the firearm when used as intended or in a reasonably foreseeable manner, except that if the discharge was caused by a volitional act that constituted a criminal offense, such act shall be considered the sole proximate cause of any resulting death, personal injury, or property damage.
United States · United States Congress · 15 February 2005
Military Surviving Spouses Equity Act - Repeals, as of the later of October 1, 2005, or the date of enactment of this Act, certain provisions which require the offset of amounts paid in dependency and indemnity compensation from Survivor Benefit Plan (SBP) annuities for the surviving spouses of former military personnel who are entitled to military pay or who would be entitled to retired pay except for being under 60 years of age. Provides for the recoupment of certain amounts previously paid to SBP recipients in the form of a retired pay refund.
United States · United States Congress · 15 February 2005
Animal Fighting Prohibition Enforcement Act of 2005 - Amends the Federal criminal code to prohibit: (1) sponsoring or exhibiting a bird in a fighting venture in a State where it would not otherwise be in violation of the law, only if the person knew that any bird in the venture was knowingly bought, sold, delivered, transported, or received in interstate or foreign commerce for such purpose; or (2) knowingly sponsoring or exhibiting in an animal fighting venture any other animal that was moved in interstate or foreign commerce. Prohibits knowingly: (1) selling, buying, transporting, delivering, or receiving, for purposes of transportation in interstate or foreign commerce, any dog or other animal to participate in an animal fighting venture; (2) using interstate mail service for commercial speech promoting an animal fighting venture except as performed outside the limits of the States (with an exception for bird fights in States whose laws allow them); or (3) selling, buying, transporting, or delivering in interstate or foreign commerce a knife, gaff, or other sharp instrument to be attached to the leg of a bird for use in an animal fighting venture. Increases the penalties to a fine and up to two years' imprisonment for violations.
United States · United States Congress · 15 February 2005
Expresses support for designation of "Hire a Veteran Week." Encourages the President to issue a proclamation calling upon employers, labor organizations, veterans service organizations, and Federal, State, and local governmental agencies to lend their support to increase employment of men and women who have served in the armed forces.
United States · United States Congress · 10 February 2005
Fair Care for the Uninsured Act of 2005 - Amends the Internal Revenue Code to allow a refundable tax credit for health insurance paid for the benefit of a taxpayer, his spouse, and dependents (no more than two). Directs the Secretary of the Treasury to make advance payments of credit amounts to the provider of the taxpayer's health insurance. Requires each health insurer, health maintenance organization, and health service organization to participate in a State-established health insurance safety net to assure the availability of health insurance to uninsurable individuals. Funds such safety nets through assessments against such insurers and organizations. Permits such insurers and organizations to add the costs of such assessments to the costs of their insurance or coverage. Amends the Public Health Service Act to allow health benefits coverage through individual membership associations (IMAs). Sets forth IMA requirements, including that the IMA be an organization operated under the direction of an association and that IMA health benefits coverage only be provided through contracts with health insurance issuers. Requires IMAs to include a minimum of two health insurance coverage options.
United States · United States Congress · 10 February 2005
Expresses support for the goals and ideals of National MPS Awareness Day (February 25th) (mucopolysaccharidosis and mucolipidosis disorders are genetically determined lysosomal storage disorders that result in the inability of the body to produce certain enzymes needed to break down complex carbohydrates).
United States · United States Congress · 9 February 2005
Gullah/Geechee Cultural Heritage Act - Establishes the Gullah/Geechee Cultural Heritage Corridor (Heritage Corridor) to: (1) recognize the important contributions made to American culture and history by African-Americans known as the Gullah/Geechee who settled in the coastal counties of South Carolina, North Carolina, Florida, and Georgia; (2) assist State and local governments and public and private entities in South Carolina, North Carolina, Florida, and Georgia in interpreting the story of the Gullah/Geechee and preserving Gullah/Geechee folklore, arts, crafts, and music; and (3) assist in identifying and preserving sites, historical data, artifacts, and objects associated with the Gullah/Geechee for the benefit and education of the public. Establishes the Gullah/Geechee Cultural Heritage Corridor Commission to assist Federal, State, and local authorities to develop and implement a management plan for Gullah/Geechee lands and waters. Requires the Commission to establish one or more Coastal Heritage Centers in the Heritage Corridor in accordance with the Low Country Gullah Culture Special Resource Study and Environmental Impact Study, December 2003, and additional appropriate sites.
United States · United States Congress · 9 February 2005
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 - Amends Federal bankruptcy law governing: (1) conversion of bankruptcy petitions; (2) abusive creditor practices; (3) domestic support obligations; (4) consumer protections, including protection of personally identifiable information; (5) measures to discourage bankruptcy abuse, including reduction of the homestead exemption for fraud; (6) guidelines for general and small business bankruptcies, including appointment of a committee of retired employees; (7) bankruptcy data dissemination and bankruptcy tax provisions; (8) ancillary and other cross-border cases to incorporate the Model Law on Cross-Border Insolvency; and (9) financial contracts and transfers entered into with an insolvent insured depository institution before its conservatorship or receivership. Reenacts Chapter 12, Adjustment of Debts of a Family Farmer with Regular Annual Income. Brings family fishermen within the purview of Federal bankruptcy protection. Prescribes guidelines for insolvent health care businesses and related patients' rights. Bankruptcy Judgeship Act of 2005 - Amends the Federal Judicial Code to mandate appointments for additional temporary bankruptcy judgeships in designated States. Prescribes additional consumer credit disclosures, including open end credit plans and introductory rates.
United States · United States Congress · 9 February 2005
Citizenship Reform Act of 2005 - Amends the Immigration and Nationality Act to limit automatic citizenship at birth to a child born in the United States who: (1) was born in wedlock to a parent either of whom is a U.S. citizen or national, or is an alien lawfully admitted for permanent residence who maintains such residence; or (2) was born out of wedlock to a mother who is a U.S. citizen or national, or is an alien lawfully admitted for permanent residence who maintains such residence. Defines "born in wedlock" to exclude common law marriages.
United States · United States Congress · 9 February 2005
Amends title XIX (Medicaid) of the Social Security Act to include podiatrists as physicians in order to cover their services under the Medicaid program.
United States · United States Congress · 9 February 2005
Transportation Equity Act: A Legacy for Users - Reauthorizes the Federal-aid surface transportation program through FY 2009. Reauthorizes appropriations from the Highway Trust Fund (HTF) for: (1) specified highway (including highway safety) programs; (2) research and technology; (3) motor carrier transportation and safety; and (4) transportation research and education. Directs the Secretary of Transportation to establish a National Commission on Future Revenue Sources to Support the HTF. Establishes a National Commission on the Future of the Dwight D. Eisenhower National System of Interstate Defense Highways. Requires States with an urbanized area population of over 200,000 to obligate specified funds for congestion relief. Authorizes the Secretary to make grants to States that have enacted laws that prohibit the use of racial profiling in the enforcement of State laws regulating the use of Federal-aid highways. Federal Public Transportation Act of 2005 - Revises requirements for public transportation funding and the Secretary's authority to make specified grants, including grants for capital projects, planning, and transit and for commercial driver's license program improvements. Directs the Secretary to establish programs involving: (1) long-term bridge performance; (2) innovative highway safety technologies; (3) freight planning capacity building; (4) freight transportation research; (5) future strategic highway research; (6) surface transportation congestion solutions research; and (7) commercial remote sensing products and spatial information technologies. Intelligent Transportation Systems Act of 2005 - Directs the Secretary to conduct an ongoing intelligent system transportation research and development program. Requires: (1) metropolitan planning organizations to develop long-range transportation plans and transportation improvement programs for metropolitan planning areas; and (2) States to develop statewide transportation plans and statewide transportation improvement programs. Revises hazardous materials transportation requirements to provide uniformity in Federal standards regulating the transportation of hazardous materials in intrastate, interstate, and foreign commerce. States that this Act continues the Transportation Equity Act for the 21st Century provisions which guarantee that specified levels of authorized funding will be available for obligation each year by continuing the highway category and the mass transit category budgetary firewalls.
United States · United States Congress · 8 February 2005
Notch Fairness Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act with respect to the benefit computation formula for individuals affected by the changes in benefit computation rules enacted in the Social Security Amendments of 1977 who reached age 65 after 1979 and before 1989. Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55 percent to five percent keyed to the year an individual became eligible for such benefits between 1979 and 1989. Provides for an election to receive such payments in a lump sum.
United States · United States Congress · 8 February 2005
Amends Federal transportation law to allow an operator of a property-carrying commercial motor vehicle to operate the vehicle and perform other work-related activities at the end of the 14th hour of the driver's tour of duty, for the period of time the operator has been off duty during the 14-hour period, not to exceed a total of 16 hours.
United States · United States Congress · 2 February 2005
Personal Responsibility in Food Consumption Act - Prohibits new and dismisses pending civil actions by any person against a manufacturer or seller of food or a trade association for any injury resulting from a person's consumption of food and weight gain, obesity, or any associated health condition, excluding actions alleging: (1) a knowing and willful violation of a Federal or State statute applicable to the manufacturing, marketing, distribution, advertisement, labeling, or sale of food where the violation was a proximate cause of injury related to a person's weight gain, obesity, or related health condition; (2) a breach of express contract or express warranty in connection with the purchase of food; or (3) a violation under the Federal Trade Commission Act or the Federal Food, Drug, and Cosmetic Act. Requires, in any action alleging such a violation of an applicable Federal or State statute or a breach of express contract or express warranty: (1) a stay of discovery during the pendency of any motion to dismiss, unless necessary to preserve evidence or to prevent undue prejudice; and (2) document preservation during the stay. Requires the complaint in an action alleging such a violation of an applicable statute to plead with particularity the Federal and State statutes that were allegedly violated and the facts that are alleged to have proximately caused the injury claimed.
United States · United States Congress · 2 February 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 · 2 February 2005
Seniors' Health Care Freedom Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide for facilitating the use of private contracts under Medicare. Declares that no persons otherwise eligible for old-age benefits under Social Security shall be denied such benefits because of their voluntary refusal to participate in any part of the Medicare program.
United States · United States Congress · 2 February 2005
Keep Our Promise to America's Military Retirees Act - Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to provide Federal Employees Health Benefits (FEHB) coverage to the following eligible beneficiaries: (1) a member or former member of the Armed Forces entitled to military retired or retainer pay; (2) an unremarried former spouse who was married to a member for at least 20 years, during which such member performed at least 20 years of retirement-creditable military service; (3) a dependent of a deceased qualifying member or former member; (4) a dependent of a living member or former member; and (5) a family member. Directs the Secretary to reimburse such eligible persons for pharmacy benefits received from a pharmacy that is not a TRICARE (Department of Defense managed health care plan) network pharmacy in the same manner as the Secretary would reimburse such person for such benefits received from a TRICARE network pharmacy. Requires such persons, in order to receive such reimbursement, to submit a certification from their physician stating that the person does not have access to a TRICARE network pharmacy due to physical or medical constraints. Amends title XVIII (Medicare) of the Social Security Act to waive the monthly part B premium (Supplementary Medical Insurance Benefits for the Aged and Disabled) with respect to: (1) an individual who is entitled to military retired or retainer pay based upon service that began before December 7, 1956; and (2) the spouse, widow, or widower of such individuals.
United States · United States Congress · 2 February 2005
Cord Blood Stem Cell Act of 2005 - Amends the Public Health Service Act to direct the Secretary of Health and Human Services, acting through the Administrator of the Health Resources and Services Administration (HRSA), to enter into contracts with qualified cord blood stem cell banks to assist in establishing and maintaining a National Network of Cord Blood Stem Cell Banks to: (1) acquire, tissue type, test, cryopreserve, and store donated units of human cord blood acquired with the informed consent of the donor; (2) make cord blood units available to transplant centers for stem cell transplantations; and (3) allocate up to 10 percent of the cord blood inventory each year for peer-reviewed research. Requires the Secretary to provide for the establishment of a Board of Directors to administer the Network. Directs the Secretary, acting through the Administrator, to establish as part of the Network a National Cord Blood Stem Cell Registry to: (1) operate a system for identifying, acquiring, and distributing donated units of cord blood; (2) provide health care professionals with the ability to search the registry for suitable matches for patients; and (3) maintain a database to document the collection, storage, distribution, and transplantation of cord blood units and the clinical outcomes of Network transplantations. Requires the Administrator to report to the Secretary regarding the safety, efficacy, and cost-effectiveness of the clinical, research, and education activities of the Network. Requires the Board to ensure that: (1) the Network donor banks meet confidentiality and privacy requirements; and (2) the Network and their birthing hospital collection sites are geographically distributed throughout the United States.
United States · United States Congress · 1 February 2005
Amends the Horse Protection Act to prohibit the shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation of horses and other equines to be slaughtered for human consumption. Authorizes the Secretary of Agriculture to detain for examination, testing, or the taking of evidence: (1) any horse at any horse show, horse exhibition, or horse sale or auction which is sore or which the Secretary has probable cause to believe is sore; and (2) any horse or other equine which the Secretary has probable cause to believe is being shipped, transported, moved, delivered, received, possessed, purchased, sold, or donated in violation of such prohibition.
United States · United States Congress · 1 February 2005
National Right-to-Work Act - Amends the National Labor Relations Act and the Railway Labor Act to repeal those provisions that permit employers, pursuant to a collective bargaining agreement that is a union security agreement, to require employees to join a union as a condition of employment (including provisions permitting railroad carriers to require, pursuant to such an agreement, payroll deduction of union dues or fees as a condition of employment).
United States · United States Congress · 1 February 2005
Amends the Tariff Act of 1930 with respect to the requirement that every article of foreign origin (or its container) imported into the United States be marked conspicuously, legibly, indelibly, and permanently in a manner to indicate to an ultimate purchaser in the United States the English name of the article's country of origin. Prohibits any exception to such marking requirement for imported home furniture.
United States · United States Congress · 26 January 2005
Vocational and Technical Education of the Future Act - Amends the Carl D. Perkins Vocational and Applied Technology Education Act of 1998 to reauthorize and revise its programs.
United States · United States Congress · 26 January 2005
Honors the life and accomplishments of Yogi Bhajan on behalf of the Sikh community. Extends condolences to his wife, children, grandchildren, and the Sikh communities around the world on his death on October 6, 2004.
United States · United States Congress · 25 January 2005
Little Rock Central High School Desegregation 50th Anniversary Commemorative Coin Act - Requires the Secretary of the Treasury to mint and issue coins commemorating the 50th anniversary of the desegregation of Little Rock Central High School in Little Rock, Arkansas. Requires the design of such coins to be emblematic of the desegregation of Little Rock Central High School and its contribution to civil rights in America. Specifies the sale price of such coins and applicable surcharges. Requires surcharges collected from sales to be used equally for: (1) the Jefferson National Parks Association for support of the activities and mission of Little Rock Central High National Historic Site; and (2) site improvements.
United States · United States Congress · 25 January 2005
Pharmaceutical Market Access Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to promulgate regulations permitting pharmacists, pharmacies, wholesalers, and individuals to import qualifying drugs from certain countries into the United States. Sets forth registration requirements for exporters. Requires the Secretary to: (1) educate consumers with regard to the availability of qualifying drugs for import for personal use; (2) inspect the facilities and records of importers and registered exporters to ensure compliance with this Act; and (3) establish a registration fee program to collect an annual fee from registered exporters. Deems a prescription drug to be misbranded unless the packaging of such drug complies with the requirements for counterfeit-resistant technologies. Prohibits: (1) failing to register in accordance with this Act; and (2) importing or offering to import a prescription drug in violation of a suspension order. Declares that selling or importing a patented drug in the United States that was first sold abroad by or under authority of the owner or licensee of the patent is not patent infringement. Prohibits drug manufacturers from discriminating against a person that engages in the importation of a prescription drug, including by charging higher prices or denying supplies of the drug. Allows the Secretary to suspend or terminate the registration of an exporter for failing to maintain substantial compliance with all registration conditions.
United States · United States Congress · 25 January 2005
Unborn Child Pain Awareness Act of 2005 - Amends the Public Health Service Act to require an abortion provider, before beginning any abortion of a pain-capable unborn child (defined as an unborn child who has reached a probable stage of development of 20 weeks after fertilization), to: (1) make a specified statement to the pregnant woman that Congress has determined that there is substantial evidence that the process will cause the unborn child pain, and that the mother has the option of having pain-reducing drugs administered directly to the child; (2) provide to the woman an Unborn Child Pain Awareness Brochure (unless she waives receipt) or information on accessing such brochure on the Internet; (3) provide to the woman an Unborn Child Pain Awareness Decision Form; and (4) obtain on the form the woman's signature and her explicit request for or refusal of the administration of drugs to the child. Creates an exception for certified medical emergencies. Establishes penalties for willfully failing to comply with this Act, including civil penalties, medical license suspension, or both. Authorizes: (1) specified officials to bring suit in Federal court; and (2) private rights of action by a parent or guardian of a woman who is an unemancipated minor. Requires each State and State medical licensing authority to promulgate procedures for the revocation or suspension of a provider's license upon a court finding that the provider has violated this Act. Subjects a State that fails to implement such procedures to loss of Medicaid funding.
United States · United States Congress · 20 January 2005
Military Death Benefit Improvement Act of 2005 - Increases from $12,000 to $100,000 the death gratuity payable to the survivors of members of the Armed Forces who die: (1) while on active duty or inactive duty training; or (2) within 120 days after discharge or release from such duty or training, if the death resulted from an injury or disease incurred or aggravated during such duty or training.
![Official portrait of Rep. Brown, Henry E., Jr. [R-SC-1]](https://www.congress.gov/img/member/b001235_200.jpg)