United States · United States Congress · 17 February 2005
Amends the USEC Privatization Act to repeal Federal guidelines governing inventory sales of natural and low-enriched uranium and Federal transfers of enriched uranium. Establishes rising limits of aggregate annual deliveries of uranium in any form (including natural uranium concentrates, natural uranium hexafluoride, enriched uranium, and depleted uranium) that are sold or transferred by the U.S. Government from three million pounds U308 equivalent per year through calendar 2009 to ten million pounds U308 equivalent per year through calendar 2013 and thereafter. Exempts specified kinds of sales or transfers from these limits. States that any uranium sales or transfers by the U.S. Government (excluding the Tennessee Valley Authority) shall be limited to long-term contracts with end users of no less than three years duration. Requires the Secretary of Energy to review annually the available excess Government uranium inventories and determine the level of inventory to be sold or transferred to end users.
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
Amends the Outer Continental Shelf Lands Act to permit easements or rights-of-way for energy and related purposes on the Outer Continental Shelf for activities otherwise proscribed by the Act (as well as the Deepwater Port Act of 1974 and the Ocean Thermal Energy Conversion Act of 1980) when such activities: (1) support exploration, development, production, transportation, or storage of oil, natural gas, or other minerals; and (2) produce or support production, transportation, or transmission of energy from sources other than oil and gas.
United States · United States Congress · 17 February 2005
Reasonable Right-of-Way Fees Act of 2005 - Amends the Federal Land Policy and Management Act of 1976 to direct the Secretary of the Interior to amend the Code of Federal Regulations to revise the per acre rental fee zone value schedule by State, county, and type of linear right-of-way use to reflect current land values. Directs the Secretary of Agriculture to make such revisions for linear rights-of-way granted, issued, or renewed on National Forest System lands. Directs the Secretaries to update annually the schedules of linear rights-of-way under their respective jurisdictions by a specified method using the Gross National Product Implicit Price Deflator Index. Requires the Secretaries to review the zones and rental per acre figures whenever the cumulative change in the index exceeds 30 percent, or whenever the change in the three-year average of the one-year Treasury interest rate used to determine per acre rental fee zone values exceeds plus or minus 50 percent. Authorizes the Secretaries to revise the base zones and rental fees if the value of Federal land differs sufficiently from the index to warrant such action. Amends the Mineral Leasing Act to direct the Secretary of the Interior or appropriate agency heads to use the same valuation method as in the Federal Land Policy and Management Act of 1976 (as revised by this Act) to calculate the value of rights-of-way for pipeline passage.
United States · United States Congress · 17 February 2005
Coal Leasing Amendments Act of 2005 - Amends the Mineral Leasing Act to repeal the 160-acre limitation placed upon coal leases. Authorizes the Secretary of the Interior to establish a mining plan period of more than 40 years upon a determination that the longer period: (1) will ensure the maximum economic recovery of a coal deposit; or (2) the longer period is in the interest of the orderly, efficient, or economic development of a coal resource. Revises the statutory formula for the payment of advance royalties. Extends from ten years to twenty years the lease term for which advance royalties may be accepted in lieu of the condition of continued operation. Eliminates the deadline for submission of a coal lease operation and reclamation plan. Prohibits the Secretary from requiring a surety bond or any other financial assurance to guarantee payment of deferred bonus bid installments with respect to any coal lease issued based upon a cash bonus bid. Requires the Secretary to review and identify for Congress coal assessments on public lands and the restrictions or impediments to development of those resources.
United States · United States Congress · 17 February 2005
Declares Ashley Ross Fuller to be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act.
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 · 17 February 2005
Disapproves the rule submitted by the Department of Agriculture relating to the establishment of minimal-risk regions for introduction of bovine spongiform encephalopathy into the United States.
United States · United States Congress · 17 February 2005
Recognizes the 60th anniversary of the Battle of Iwo Jima. Recognizes and commends the members of the U.S. Marine Corps and other U.S. Armed Forces who participated in such Battle, especially those who gave their lives there.
United States · United States Congress · 16 February 2005
Sober Truth on Preventing Underage Drinking Act or STOP Underage Drinking Act - Requires the Secretary of Health and Human Services to: (1) establish an interagency coordinating committee to guide policy and program development across the Federal Government on underage drinking; (2) issue an annual report card to rate the performance of each State in enacting, enforcing, and creating laws, regulations, and programs to prevent or reduce underage drinking; (3) develop a set of outcome measures to prepare report cards, including the strictness of the minimum drinking age laws and the number of compliance checks conducted; (4) fund and oversee the Ad Council's national adult-oriented media public service campaign; (5) award grants to reduce the rate of underage alcohol use and binge drinking among students at institutions of higher education; and (6) collect data on, and conduct or support research on, underage drinking, including the impact alcohol use and abuse has upon adolescent brain development, the scope of the underage drinking problem, and progress in preventing and treating underage drinking. Requires the Director of the Office of National Drug Control Policy to award grants to design, test, evaluate, and disseminate strategies to maximize the effectiveness of community-wide approaches to preventing and reducing underage drinking. Requires the Secretary to carry out activities toward the objectives of: (1) testing every unnatural death of persons ages 12 to 20 for alcohol involvement; (2) obtaining new epidemiological data that identifies alcohol use and attitudes about alcohol use during pre- and early adolescence; and (3) developing or identifying successful clinical treatment for youth with alcohol problems.
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
Soda Ash Royalty Reduction Act of 2005 - Sets, for a five-year period, the royalty rate on the quantity or gross value of the output of sodium compounds and related products at the point of shipment to market from Federal land at two percent. Directs the Secretary of the Interior to report to Congress, after four years, on the effects of such royalty reduction, including: (1) the amount of sodium compounds and related products at the point of shipment to market from Federal land during such four-year period; (2) the number of jobs that have been created or maintained during the royalty reduction period; (3) the total amount of royalty paid to the United States on the quantity or gross value of the output of sodium compounds and related products at the point of shipment to market produced during that four-year period, and the portion of such royalty paid to States; and (4) a recommendation of whether the reduced royalty rate should apply after the end of the five-year period beginning on the date of the enactment of this Act.
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 · 14 February 2005
Save Our Small and Seasonal Businesses Act - Amends the Immigration and Nationality Act to prohibit an alien counted toward the numerical limitation applicable to H-2B nonimmigrants (temporary nonagricultural workers) during any of the three fiscal years prior to submission of an H-2B petition from being counted toward the limitation in the year of petition approval. Makes this provision effective as if enacted on October 1, 2004. Provides for its expiration on October 1, 2006. Requires the Secretary of Homeland Security to impose a fraud prevention and detection fee on employers filing H-2B petitions. Mandates the deposit of such fees into the Fraud Prevention and Detection Account. Authorizes additional penalties for a substantial failure to meet any condition of an H-2B petition or the willful misrepresentation of a material fact in such a petition. Requires the allocation of the numerical limitation on the issuance of H-2B visas (currently, 66,000) such that the total number of H-2B nonimmigrants entering the United States during the first six months of a fiscal year is not more than 33,000. Directs the Secretary to provide the House and Senate Judiciary Committees with information on: (1) the numbers of aliens granted H-2B status or terminated from H-2B status, on a quarterly basis; and (2) the countries of origin, occupations of, and compensation paid to aliens granted H-2B status, the number of aliens terminated from such status, and the number of aliens provided such status during both the fiscal year reported and the preceding fiscal year, on an annual basis. Requires the Secretary of State to provide information relevant to such reports.
United States · United States Congress · 10 February 2005
Child Interstate Abortion Notification Act - Amends the federal criminal code to prohibit transporting a minor across a state line to obtain an abortion (deems such transporting to be a de facto abridgment of the right of a parent under any law in the minor’s state of residence that requires parental involvement in the minor’s abortion decision). Makes an exception for an abortion necessary to save the life of the minor. Protects from prosecution or civil liability the minor or the minor’s parents for violations of this Act. Makes it an affirmative defense to a prosecution or civil action under this Act that a defendant reasonably believed that before the minor obtained the abortion, the required parental consent or notification or judicial authorization took place. Authorizes any parent who suffers harm from a violation of this Act to seek relief in a civil action. Defines "parent" to include a guardian, legal custodian, or person standing in loco parentis. Imposes a fine and/or prison term of up to one year on an physician who performs or induces an abortion on an out-of-state minor without complying with parental notification requirements. Allows certain exceptions, including abortions necessary to save the life of the minor.
United States · United States Congress · 10 February 2005
PILT and Refuge Revenue Sharing Permanent Funding Act - Provides permanent funding for the following programs: (1) Bureau of Land Management Payment in Lieu of Taxes (PILT); and (2) the U.S. Fish and Wildlife Service's refuge revenue sharing program.
United States · United States Congress · 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
Agricultural Business Security Tax Credit Act of 2005 - Amends the Internal Revenue Code to allow a retailer of agricultural products or a manufacturer, formulator, or distributor of certain pesticides a business tax credit for up to 50 percent of the cost of protecting certain hazardous chemicals or pesticides from unauthorized access. Sets an annual limit on such credit of $2 million and a per facility limitation of $100,000 (reduced by credits received for the five prior taxable years).
United States · United States Congress · 9 February 2005
First Amendment Restoration Act - Amends the Federal Election Campaign Act of 1971 to repeal: (1) a requirement that persons making disbursements for electioneering communications file reports on such disbursements with the Federal Election Commission; (2) a prohibition against the making of disbursements for electioneering communications by corporations and labor organizations; and (3) a provision treating coordinated communications as contributions.
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 provisions concerning the National Guard Youth Challenge Program (a civilian youth opportunities program conducted by the Secretary of Defense) to provide a maximum Federal matching funds level of 60 percent of the costs of operating the State program during FY 2005, 65 percent during FY 2006, 70 percent during FY 2007, and 75 percent during FY 2008 and beyond.
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
Individual Social Security Investment Program Act of 2005 - Amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act to add a new part B (Individual Social Security Investment Program) to change Social Security into a system of individual accounts where workers born on or after January 1, 1984, as well as electing participants born between January 1, 1951, and January 1, 1984, have ownership of and control over the investment of their retirement funds in various investment vehicles: (1) Tier I Investment Fund; (2) Tier II Investment Fund; and (3) Tier III Investment Accounts. Allows participating workers choosing the individual account option to have 100 percent of their redirected Social Security contribution for the calendar year (6.2 percent of the sum of the total wages paid to, and self-employment income derived by, the participant) deposited into the Tier I Investment Fund. Provides for transfer of any amount held in the Tier I Investment Fund into the Tier II Investment Fund, and for an individual's first election of a Tier III investment account once the total balance of the Tier II account exceeds the minimum deposit balance of $10,000. Directs the Executive Director to establish and maintain a part B totalization account for each participant. Provides workers choosing the individual account under the Tier II option with a variety of investment options, with the initial default option set at 60 percent stocks, and 40 percent bonds. Provides for retirement distributions, including purchase of annuities. Provides that workers who choose the individual account option shall receive a recognition bond, redeemable upon reaching retirement age, based on the accrued value of their lifetime to date benefits. Provides that, in any case in which a participant is entitled to, or eligible for, need-based cash benefits for any month, the supplemental minimum benefit payments otherwise payable to such participant for such month shall be reduced by the total amount of such recognized governmental cash benefits for such month. Establishes in the executive branch of the Government an Individual Investment Board to administer the program established under this Act. Amends the Internal Revenue Code to exempt from income taxation any fund created, account established, or annuity under part B of title II of the Social Security Act, unless subject to taxes on unrelated business income of charitible organizations. Excludes from the gross income of a distributee or payee: (1) any fund or account distribution or any annuity payment; or (2) the value of a recognition bond issued to a participant, or the proceeds from its sale or redemption. Amends SSA title II to provide that, except with respect to determination of disability insurance benefits, a participant shall not be credited with wages or self-employment income under part B of SSA title II. Provides for: (1) consumer price indexing of benefits for non-disability part A beneficiaries; and (2) the maintance of adequate balances in the Social Security trust funds.
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
Right-to-Ride Livestock on Federal Lands Act of 2005 - Amends Public Law 91-383 to direct the Secretary of the Interior to preserve and facilitate the continued use and access of pack and saddle stock animals on parts of National Park System lands where there is a historical tradition of such use. Directs that as a general rule, all trails, routes, and areas used by such animals shall remain open and accessible for such use. Allows the Secretary of the Interior to implement a proposed reduction in the use and access of pack and saddle stock animals on such lands only after complying with the full review process required under the National Environmental Policy Act of 1969. Makes the same amendments to other laws regarding other public lands as follows: (1) the Federal Land Policy and Management Act of 1976, with respect to Bureau of Land Management lands; (2) the National Wildlife Refuge System Administration Act of 1966, with respect to National Wildlife Refuge System lands; and (3) the Forest and Rangeland Renewable Resources Planning Act of 1974, with respect to National Forest System lands (with the Secretary directed to act in this case being the Secretary of Agriculture). Directs the Secretaries of the Interior and Agriculture to issue final rules to define the meaning of a historical tradition of use of pack and saddle stock animals on federal lands for purposes of this Act.
United States · United States Congress · 2 February 2005
Small Business Health Fairness Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for establishment and governance of association health plans (AHPs), which are group health plans whose sponsors are trade, industry, professional, chamber of commerce, or similar business associations, and which meet certain ERISA certification requirements. (Thus, through ERISA preemption of State laws, certified AHPs are exempted from State regulation of health insurance providers, including State consumer protection laws and State requirements for health care benefits to be offered by such entities, with certain exceptions.)
United States · United States Congress · 2 February 2005
Secure Rural Schools and Community Self-Determination Reauthorization Act of 2005 - Amends the Secure Rural Schools and Community Self-Determination Act of 2000 to extend the Act through FY2013. Revises requirements regarding the merchantable material contracting pilot program. Requires counties participating in county projects to submit a specified notification for each project for which the participating county obligated county funds. Provides for the review of such notifications.
United States · United States Congress · 2 February 2005
Right to Life Act - Declares that the right to life guaranteed by the Constitution is vested in each human being. Defines "human being" (and "human person") to encompass all stages of life, including but not limited to the moment of fertilization or cloning.
United States · United States Congress · 2 February 2005
Permanent Sales Tax Deduction Act of 2005 - Amends the Internal Revenue Code to make provisions authorizing a taxpayer election to deduct State and local sales taxes in lieu of State and local income taxes permanent.
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 Internal Revenue Code to allow employers a business tax credit for up to 50 percent of the actual compensation paid to employees who were members of the Ready Reserve or National Guard and who were absent from work to perform active duty. Limits such credit to $2,000 for any one Ready Reserve-National Guard employee.
United States · United States Congress · 1 February 2005
Expresses the continued support of Congress for, and encourages the executive branch to continue challenging any judicial decision against, specified provisions of Federal law prohibiting making certain Federal contracts with or grants to institutions of higher education that prevent military recruiters from having access to their campuses and to certain information about their students.
United States · United States Congress · 26 January 2005
Lawsuit Abuse Reduction Act of 2005 - Amends Rule 11 of the Federal Rules of Civil Procedure (Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions) to: (1) require courts to impose sanctions on attorneys, law firms, or parties who file frivolous lawsuits (currently discretionary); (2) disallow the withdrawal or correction of pleadings to avoid Rule 11 sanctions; (3) require courts to award parties prevailing on Rule 11 motions reasonable expenses and attorney's fees, if warranted; (4) authorize courts to impose Rule 11 sanctions that include reimbursement of a party's reasonable litigation costs in connection with frivolous lawsuits; and (5) make the discovery phase of litigation subject to Rule 11 sanctions. Makes Rule 11 applicable to state civil actions where the court determines, upon motion, that the action affects interstate commerce. Requires personal injury claims (defined to exclude class actions) filed in State or Federal court to be filed in the county or Federal district in which: (1) the person bringing the claim resides at the time of filing or resided at the time of the alleged injury; (2) the alleged injury or circumstances giving rise to the claim occurred; or (3) the defendant's principal place of business is located. Directs the trial court to determine which county or Federal district is the most appropriate forum in those situations where the alleged injury occurred in more than one county or district.
United States · United States Congress · 26 January 2005
Prohibits the operation during a calendar year of the January 4, 2005, final rule issued by the Secretary of Agriculture to establish standards for the designation of minimal-risk regions for the introduction of bovine spongiform encephalopathy into the United States, including designation of Canada as a minimal-risk region, and the importation into the United States from Canada of certain bovine ruminant products unless country of origin labeling is required for the retail sale of a covered commodity during that calendar year.
United States · United States Congress · 26 January 2005
REAL ID Act of 2005 - Amends Immigration and Nationality Act provisions concerning asylum to: (1) authorize the Secretary of Homeland Security, in addition to the Attorney General, to grant asylum; (2) require asylum applicants to prove that race, religion, nationality, membership in a particular social group, or political opinion was or will be (if removed) the central reason for their persecution; and (3) provide that an applicant's testimony may be sufficient to sustain this burden of proof only if the trier of fact determines that it is credible, persuasive, and fact-specific. Gives the trier of fact discretion to require corroborating evidence. Lists factors relevant to credibility determinations in asylum cases. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to authorize the Secretary of Homeland Security to waive laws as necessary to ensure expeditious construction of certain barriers and roads at the U.S. border. Expands grounds of inadmissibility and deportability due to terrorist or terrorist-related activity. Modifies the provision defining "engage in terrorist activity" to eliminate the possibility of discretionary waivers of inadmissibility for material support of organizations or individuals that have engaged in terrorist activity. Expands the definition of "terrorist organization." Prohibits Federal agencies from accepting State issued driver's licenses or identification cards unless such documents are determined by the Secretary to meet minimum security requirements. Sets forth issuance standards for such documents that require: (1) evidence that the applicant is lawfully present in the United States; and (2) issuance of temporary driver's licenses or identification cards to persons temporarily present that are valid only for their period of authorized stay (or for one year where the period of stay is indefinite). Authorizes the Secretary to impose additional requirements. Requires States, as a condition of receiving financial assistance, to participate in the interstate compact regarding the sharing of driver's license data. Authorizes the Secretary to make grants to States to assist them in conforming to the document standards of this Act. Repeals overlapping provisions of the Intelligence Reform and Terrorism Prevention Act of 2004.
United States · United States Congress · 26 January 2005
Theodore Roosevelt Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than: (1) 500,000 $1 coins with the image of Theodore Roosevelt as a Rough Rider on one side and an eagle design on the other side; and (2) 500,000 $1 coins with the image of Roosevelt on horseback on one side and a flaming sword of righteousness on the other side. Expresses the sense of Congress that the coins should be struck at the U.S. Mint at West Point, New York. Authorizes the Secretary to issue such minted coins beginning on January 1, 2006, and to initiate coin sales before such date. (2006 will mark the 100th anniversary of Roosevelt's award of the Nobel Peace Prize.) Requires payment of $10 surcharges from the coin sales to the Theodore Roosevelt Association, to be used exclusively for educational programs at Sagamore Hill National Historic Site, including a visitor's center.
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
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 · 25 January 2005
Broadcast Decency Enforcement Act of 2005 - 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 material, the amount of forfeiture penalty shall not exceed $500,000 for each violation. Sets forth: (1) additional factors for determining indecency penalties; (2) indecency penalties for non-licensees; (3) deadlines for actions on complaints; (4) additional remedies for indecent broadcasts; and (4) provisions for license disqualification, revocation, or renewal consideration for violations of indecency prohibitions. Expresses the sense of Congress that broadcast television station licensees should reinstitute a family viewing policy for broadcasters.
United States · United States Congress · 25 January 2005
Retired Pay Restoration Act of 2005 - Expresses the sense of Congress that military retired pay should not be reduced because a military retiree is also eligible for veterans' disability compensation awarded for a service-connected disability. Allows the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability (currently, only a disability rated at 50 percent or more). Repeals provisions phasing in the full concurrent receipt of such pay through December 31, 2013. Makes eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay those individuals who were retired or separated from military service due to a service-connected disability.
United States · United States Congress · 6 January 2005
Know Your Vote Counts Act of 2005 - Amends the Help America Vote Act of 2002 to revise voting system standards to require the voting system used in an election for Federal office to provide the voter with an auditable paper record showing how the vote will be recorded by the system after the voter enters it. Requires the voter to use such record to verify that the vote shown is the vote the voter intends to cast. Requires the system, if the voter does not verify his or her vote, to provide the voter with: (1) the opportunity to change the ballot and correct any error, and (2) a new auditable paper record that reflects the change or correction made by the voter. Makes a vote final once a voter verifies that the vote shown on a paper record is the vote the voter intends to cast. Makes the paper record serve as a permanent paper record of the vote. Prohibits the removal of such record from the polling place except for purposes related to a recount. Requires voluntary voting system guidelines to include guidelines to ensure security of electronic data.
United States · United States Congress · 6 January 2005
Iran Freedom Support Act - States that: (1) U.S. sanctions, controls, and regulations relating to weapons of mass destruction with respect to Iran shall remain in effect until the President certifies to the appropriate congressional committees that Iran has permanently and verifiably dismantled its weapons of mass destruction programs and has committed to combating such weapons' proliferation; and (2) such certification shall have no effect on other sanctions relating to Iranian support of international terrorism. Amends the Iran and Libya Sanctions Act of 1996 to: (1) eliminate mandatory sanction provisions respecting Libya; (2) impose mandatory sanctions on a person or entity that aids Iran acquire or develop weapons of mass destruction or destabilizing types and numbers of conventional weapons; (3) revise multilateral regime reporting requirements, including provisions respecting sanctions on individuals aiding Iranian petroleum development; (4) enlarge the scope of sanctionable entities; and (5) eliminate the sunset provision. Authorizes the President to provide financial and political assistance to eligible foreign and domestic individuals and groups that support democracy in Iran and that are opposed to the Government of Iran. Expresses the sense of Congress that: (1) the President should appoint a special assistant on Iranian matters; (2) contacts should be expanded with democratic Iranian opposition groups; and (3) the President should designate at least one such eligible group within 90 days of enactment of this Act.
United States · United States Congress · 4 January 2005
Redesignates the: (1) Department of the Navy as the Department of the Navy and Marine Corps; and (2) Secretary of the Navy as the Secretary of the Navy and Marine Corps. Makes similar redesignations with respect to Department Assistant Secretaries and the General Counsel.
![Official portrait of Rep. Cubin, Barbara [R-WY-At Large]](https://www.congress.gov/img/member/c000962_200.jpg)