United States · United States Congress · 21 April 2005
Union Member Freedom From Strikes Act of 2005 - Amends the National Labor Relations Act to make it an unfair labor practice for a labor organization or its agents to strike an employer unless the employees of the collective bargaining unit engaged in the strike have voted by secret ballot to reject the last contract offer proposed by such employer.
United States · United States Congress · 13 April 2005
Guam World War II Loyalty Recognition Act - Recognizes the suffering and the loyalty of the people of Guam during the Japanese occupation of Guam in World War II. Establishes in the Treasury the Guam World War II Loyalty Recognition Fund (which shall terminate on the later of three years after the date of enactment of this Act or one year after disbursement of all Fund payments). Directs: (1) the Secretary of the Interior to make specified payments to eligible family members as successor claimants to persons who were killed, injured, interned, or subjected to forced labor or marches resulting from, or incident to, such occupation and subsequent liberation; (2) the Foreign Claims Settlement Commission of the United States (FCSC) to establish the Guam World War II Loyalty Recognition Commission to adjudicate such claims; and (3) the Secretary to establish the non-profit Guam World War II Remembrance Trust Fund, which shall undertake educational, medical, and other endeavors to benefit the people of Guam.
United States · United States Congress · 13 April 2005
Grants for DNA Backlog Prosecutions Act - Amends the Justice for All Act of 2004 to direct the Attorney General to make grants to train and employ personnel to help prosecute cases cleared through the use of funds provided for DNA backlog elimination.
United States · United States Congress · 12 April 2005
Renewing the Dream Tax Credit Act - Amends the Internal Revenue Code to allow homebuilders and investors a general business tax credit for building or substantially rehabilitating residences for low and moderate-income individuals in certain areas, including a rural area, an Indian reservation, or an area of chronic economic distress. Sets forth rules for the calculation of such credit and its administration and allocation by the States.
United States · United States Congress · 6 April 2005
Recognizes the 60th anniversary of the Liberation of Western Bohemia during World War II which culminated in an Allied victory that assured the defeat of Nazi Germany and ended the war in Europe two weeks later. Honors those individuals who gave their lives during the Liberation of Western Bohemia. Reaffirms the bonds of friendship between the United States and the citizens of the Czech Republic.
United States · United States Congress · 17 March 2005
Federal Land Asset Inventory Reform Act of 2005 - Directs the Secretary of the Interior to develop a multipurpose cadastre of Federal real property (an inventory of real property of the Federal Government developed through the collection of geographical and digital data depicting natural or man-made physical features, phenomena, and boundaries of the earth and any related information) to assist with Federal land management, resource conservation, and development of real property, including any Federal land which is no longer required to be owned by the Government. Authorizes the Secretary to enter into cost-sharing agreements with States to include any non-Federal lands in a State in such cadastre. Limits the Federal share of any such agreement to 50 percent of the total cost to a State for the development of the cadastre of the non-Federal lands in the State. Requires the Secretary to submit a report on: (1) the existing real property inventories or any components of any cadastre currently authorized by law or conducted by the Department of the Interior; (2) the inventories and components that will be or will not be eliminated or consolidated into the multipurpose cadastre authorized by this Act; (3) the cost savings that will be achieved; and (4) recommendations for any legislation necessary to increase cost savings and enhance the effectiveness and efficiency of replacing, eliminating, or consolidating real property inventories or any components of a cadastre currently authorized by law or conducted by the Department of the Interior.
United States · United States Congress · 17 March 2005
Consumer Assurance of Radiologic Excellence Act - Amends title XIX (Medicaid) of the Social Security Act to prohibit certain payments to States for expenditures for medical imaging procedures or radiation therapy procedures, unless the State meets specified requirements for State medical radiation licenses, including minimum licensing standards the Secretary of Health and Human Services shall establish.
United States · United States Congress · 17 March 2005
Government Neutrality in Contracting Act - Directs the head of any Federal agency that awards or obligates funds for any construction contract, or that awards grants, provides financial assistance, or enters into cooperative agreements for construction projects, to ensure that bid specifications, project agreements, or other controlling documents do not: (1) require or prohibit a bidder, offeror, contractor, or subcontractor from entering into, or adhering to, agreements with a labor organization, with respect to that construction project or another related construction project; or (2) otherwise discriminate against such a party because it did or did not become a signatory or otherwise adhere to such an agreement. Allows exemptions to avert an imminent threat to public health or safety or to serve national security. Allows additional exemptions for certain projects. Directs the Federal Acquisition Regulatory Council to amend the Federal Acquisition Regulation to implement this Act with respect to the applicable Federal contracts.
United States · United States Congress · 17 March 2005
Human Cloning Prohibition Act of 2005 - Amends the Federal criminal code to prohibit any person or entity, in or affecting interstate commerce, from knowingly: (1) performing or attempting to perform human cloning; (2) participating in such an attempt; (3) shipping or receiving an embryo produced by human cloning or any product derived from such embryo; or (4) importing such an embryo or derived product. Sets forth criminal and civil penalties. Provides that nothing in this Act restricts areas of scientific research not specifically prohibited above, including research in the use of nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans.
United States · United States Congress · 16 March 2005
Cosmetology Tax Fairness and Compliance Act of 2005 - Amends the Internal Revenue Code to extend the tax credit for social security taxes paid for employee cash tips to employers of cosmetologists. Requires employers of cosmetologists to report income and tips of their cosmetologist employees and to provide income and tip information to self-employed cosmetologists to whom they pay more than $600 in the taxable year. Imposes similar reporting requirements upon individuals who rent chairs to cosmetologists. Requires such employers to provide their cosmetologist employees and self-employed cosmetologists with information on the tax and tip reporting obligations of employees and self-employed individuals.
United States · United States Congress · 14 March 2005
District of Columbia Personal Protection Act - Amends specified law prohibiting the killing of wild birds and wild animals in the District of Columbia to declare that nothing in it or any other provision of law shall authorize or be construed to permit the Council, the Mayor, or any governmental or regulatory authority of the District to prohibit, constructively prohibit, or unduly burden the ability of persons otherwise not prohibited from possessing firearms under Federal law from acquiring, possessing in their homes or businesses, or using for sporting, self-protection or other lawful purposes, any firearm neither prohibited by Federal law nor subject to the National Firearms Act. Denies the District any authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms. Amends the Firearms Control Regulations Act of 1975 to repeal the definition of a machine gun as any firearm which shoots, is designed to shoot, or can be readily converted or restored to shoot semiautomatically, more than 12 shots without manual reloading. (Thus repeals the ban on semiautomatic weapons.) Redefines "machine gun" to include the frame or receiver of any such weapon, any part designed and intended solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person. Repeals the District's: (1) registration requirement for possession of firearms; (2) prohibition on possession of handgun restricted pistol bullets; and (3) requirement that, under certain conditions, firearms in the possession of certain individuals must be kept unloaded, disassembled, or with the trigger locked. Repeals the definition of restricted pistol bullet as any bullet designed for use in a pistol which, when fired from a pistol with a barrel of five inches or less in length, is capable of penetrating commercially available body armor with a penetration resistance equal to or greater than that of 18 layers of kevlar. Maintains the current ban on the possession and control of a sawed-off shotgun, machine gun, or short-barreled rifle. Eliminates criminal penalties for possessing an unregistered firearm. Amends Federal law to eliminate criminal penalties for carrying a pistol whether loaded or unloaded in one's dwelling house, place of business, or on land possessed by such person. Amends the District of Columbia Code to extend to firearms generally (currently, only to pistols) the prohibition against carrying such a weapon either openly or concealed within the District without a license issued pursuant to D.C. law. Specifies exceptions to the prohibition against carrying concealed weapons in the District.
United States · United States Congress · 14 March 2005
Gang Deterrence and Community Protection Act of 2005 - Amends the Federal criminal code to modify and expand prohibitions against criminal street gang activity, including forfeiture provisions. Revises penalties for: (1) interstate or foreign travel or transportation in aid of racketeering enterprises; (2) carjacking; (3) using interstate commerce facilities in the commission of murder-for-hire and other felony crimes of violence; (4) violent crimes in aid of racketeering activity; (5) murder and other violent crimes committed during and in relation to a drug trafficking crime; (6) using interstate commerce facilities to commit multiple murder; and (7) the use of firearms in crimes of violence and drug trafficking. Amends: (1) the Racketeer Influenced and Corrupt Organizations Act (RICO) to expand the definition of "racketeering activity" to cover interstate murder; and (2) the Violent Crime Control and Law Enforcement Act of 1994 to authorize the use of community-based justice grants to hire additional prosecutors to reduce backlogs and to fund technology, equipment, and training for specified purposes, including to increase the accurate identification and successful prosecution of young violent offenders Expands: (1) the rebuttable presumption against release of persons charged with firearms offenses; and (2) venue in capital cases. Sets a 15-year statute of limitations for non-capital felony crimes of violence. Modifies provisions regarding the prosecution of juveniles as adults. Authorizes the Attorney General to designate specific areas that are located within one or more States as high intensity interstate gang activity areas.
United States · United States Congress · 10 March 2005
Gynecologic Cancer Education and Awareness Act of 2005 or Johanna's Law - Directs the Secretary of Health and Human Services to carry out a national campaign to increase the awareness and knowledge of women with respect to gynecologic cancers, which shall include: (1) maintaining a supply of written materials to provide information to the public on gynecologic cancers; and (2) developing and placing public service announcements to encourage women to discuss their risks of gynecologic cancers with their physicians. Requires the Secretary to award grants to nonprofit private entities to test different outreach and education strategies for increasing such awareness among women and health professionals.
United States · United States Congress · 10 March 2005
Security and Fairness Enhancement for America Act of 2005 or the SAFE for America Act - Amends the Immigration and Nationality Act to eliminate the diversity immigrant program.
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
Gifted and Talented Education Enhancement Act of 2005 - Amends the Higher Education Act of 1965 to include teacher quality enhancement programs relating to the needs of gifted and talented students among authorized uses of title II grants for States and partnerships.
United States · United States Congress · 7 March 2005
Amends the Internal Revenue Code to exclude from gross income disaster mitigation payments paid pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act or the National Flood Insurance Act.
United States · United States Congress · 3 March 2005
Fire Sprinkler Incentive Act of 2005 - Amends the Internal Revenue Code to classify automatic fire sprinkler systems as five-year depreciable property. .
United States · United States Congress · 3 March 2005
Calls on the Citizens' Stamp Advisory Committee to recommend to the Postmaster General that a commemorative stamp should be issued by the United States Postal Service honoring law enforcement officers killed in the line of duty.
United States · United States Congress · 2 March 2005
Amends the Internal Revenue Code to exempt certain truck tractors weighing 26,000 pounds or less from the excise tax on heavy trucks and trailers sold at retail.
United States · United States Congress · 2 March 2005
Condemns the arrest of more than 75 journalists, labor union organizers, civic leaders, librarians, and human rights activists as political prisoners in March 2003, and the Cuban regime's continuing crackdown against the internal opposition and the independent press. Demands that the Cuban regime release all political prisoners, legalize all political parties, labor unions, and the press, and hold free elections. Declares that the acts of the Cuban regime, including its widespread and systematic violation of human rights, violate the United Nations (UN) Charter and the Universal Declaration of Human Rights, and that the rule of law should replace the rule of force in Cuba. Calls for: (1) the European Union (EU), as well as other countries and international organizations, to pressure the Cuban regime to improve its human rights record; and (2) UN member countries to vote against the Cuban regime's membership in the UN Commission on Human Rights, and for passage of a Commission resolution that holds the Cuban regime accountable for its gross violations of human rights and civil liberties.
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 · 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
Identification Integrity Act of 2005 - Prohibits Federal agencies from accepting for any official purpose an identification document for an individual issued by a foreign government. Creates an exception for foreign passports authorized by Federal law to be accepted for a specific official purpose.
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
Broad-Based Stock Option Plan Transparency Act - Directs the Securities and Exchange Commission (SEC) to require companies to include within certain mandatory reports details regarding stock option plans, stock purchase plans, and other arrangements involving employee acquisition of an equity interest in the company, including: (1) a discussion of the dilutive effect of stock option plans (written in accordance with the Plain English Handbook published by the Office of Investor Education and Assistance of the Commission); (2) expanded disclosure of the dilutive effect of employee stock options on the company's earnings per share number; (3) prominent placement and increased comparability of all stock option related information; and (4) a summary of stock options granted to the five most highly compensated executive officers, including outstanding stock options of those officers. Directs the SEC to examine and report to specified congressional committees on the effectiveness of the enhanced disclosures required by this Act in increasing transparency to current and potential investors. Prohibits the Commission, between enactment of this Act and submission of such report, from recognizing as generally accepted accounting principles any new accounting standards regarding the treatment of stock options. Directs the Secretary of Commerce to analyze and report to specified congressional committees on broad-based employee stock option plans, particularly in the high technology and any other high growth industries.
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 Internal Revenue Code to make permanent the 15-year recovery period for purposes of the tax deduction for depreciation of qualified restaurant property. Revises the term "qualified restaurant property" to include existing buildings as well as improvements to buildings.
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
Amends the Controlled Substances Act to eliminate the 30-patient limit for medical practitioners in group practices that may dispense specified narcotic drugs for maintenance or detoxification treatment.
United States · United States Congress · 16 February 2005
Expresses: (1) deepest condolences to the family of Zurab Zhvania for their tragic loss, and to the people of the Republic of Georgia for the death of their Prime Minister; and (2) solidarity with the people and Government of the Republic of Georgia at this difficult time. Commends the courage and leadership of Zurab Zhvania that were so critical to the development of a democratic Republic of Georgia. Recognizes that the Republic of Georgia's integration into Euro-Atlantic institutions will be the completion of Zurab Zhvania's vision and his most lasting legacy.
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
Financial Customer Identification Verification Improvement Act - Amends Federal law governing monetary transactions to prohibit a financial institution from accepting any form of identification issued by a foreign government, other than a passport, for use in verifying the identity of a person in connection with the opening of an account, including a matricula consular issued in the United States by a duly authorized consular officer of the Government of Mexico.
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 the sense of the House of Representatives that judicial interpretations of the U.S. Constitution should not be based on judgments, laws, or pronouncements of foreign institutions unless such judgments, laws, or pronouncements inform an understanding of the original meaning of the Constitution.
United States · United States Congress · 15 February 2005
Expresses: (1) condolences of the House of Representatives to the families of the individuals killed in the terrorist bombing attacks in Madrid that occurred on March 11, 2004; (2) deepest sympathy to the individuals injured in such attacks and to the people of the Kingdom of Spain on the one year anniversary of the attacks; and (3) solidarity with Spain and all other countries that have been attacked during the Global War on Terrorism. Condemns such terrorist attacks and all acts of terror worldwide.
United States · United States Congress · 15 February 2005
Urges the European Union (EU) to classify Hezbollah as a terrorist organization. Condemns Hezbollah's continuous terrorist attacks, and its support of Palestinian terrorist organizations on the EU terrorist list, such as the Al Aqsa Martyrs Brigade, Hamas, the Palestinian Islamic Jihad, and the Popular Front for the Liberation of Palestine.
United States · United States Congress · 14 February 2005
Designates the segment of Interstate Route 86 between its interchange with New York State Route 15 in the vicinity of Painted Post, New York, and its interchange with New York State Route 352 in the vicinity of Corning, New York, as the "Amo Houghton Bypass."
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 · 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 · 2 February 2005
Guard and Reserve Readiness and Retention Act of 2005 - Makes an individual eligible for retired pay for non-regular (reserve) military service if such individual: (1) satisfies one of specified combinations of minimum age (between 53 and 60) and years of service (between 20 and 34); (2) performed the last six years of qualifying service in currently authorized categories of military service, but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve; and (3) is not entitled to any other retirement pay from an armed force or as a member of the Fleet Reserve or Fleet Marine Corps Reserve. Authorizes a member of the Selected Reserve to enroll for self or self and family coverage under the TRICARE program (a Department of Defense managed health care program).
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
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
Milk Import Tariff Equity Act - Amends the Harmonized Tariff Schedule of the United States to impose tariff-rate quotas (quantitative import limits) and provide various duty rates on certain casein, caseinates, milk protein concentrate, and other casein derivatives and glues imported into the United States (except imports from Mexico). Authorizes the President to: (1) enter into a trade agreement with a foreign country to grant new concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions; and (2) proclaim any necessary modification or continuance of any existing duty, or continuance of existing duty-free or excise treatment, or any quantitative limitation. Sets forth certain limits on the reduction of duties on such products.
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
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.