United States · United States Congress · 20 September 2005
Fuel Supply Improvement Act of 2005 - Prescribes guidelines to expedite federal permitting procedures for construction or expansion of a domestic petroleum refining facility. Applies such expedited permit procedures exclusively to permits under specified environmental protection statutes. Directs the Secretary of Energy, upon applicant request, to provide direct legal representation to a refining facility applicant to defend against a lawsuit regarding the permit approval procedure, or facility construction or expansion, if the Secretary believes the lawsuit is without merit, is brought solely to delay facility completion, or will have the effect of delaying facility completion in a period when U.S. domestic refining capability is insufficient. Instructs the Secretary to establish an office of regulatory assistance whose sole purpose is to assist applicants with permit applications, planning, and otherwise pursuing the construction or expansion of a domestic petroleum refining facility. Grants the Secretary contracting authority with sponsors of new large-sized petroleum refining facilities. Establishes in the Department of Energy the Refinery Standby Support Program Account and the Refinery Standby Support Grant Account to cover loan costs and costs resulting from certain construction delays. Amends the Clean Air Act to direct the Administrator of the Environmental Protection Agency to provide within new source review regulations that equipment replacement shall be considered routine maintenance and repair if it: (1) does not increase actual emissions of any air pollutant by more than 5%; and (2) does not increase actual emissions of any air pollutant by more than 40 tons per year. Directs the Secretary of the Interior to charge a discounted price in any sale to a qualified small refinery of crude oil obtained by the United States as royalty-in-kind.
United States · United States Congress · 15 September 2005
States that all federal law prohibitions against spending appropriated funds for oil and natural gas leasing and preleasing activities for any area of the Outer Continental Shelf shall have no force or effect. Revokes all existing withdrawals by the President under the authority of the Outer Continental Shelf Lands Act. Declares that such withdrawals are no longer in effect. Directs the Secretary of the Interior to conduct a sale of oil and gas leases on all submerged lands of the Outer Continental Shelf in the Eastern Gulf of Mexico that are depicted in a specified document entitled "Eastern Gulf of Mexico Lease Sale."
United States · United States Congress · 15 September 2005
Prohibits funds from being expended for the construction or lease of buildings or space for any branch of the U.S. government or any entity within such branch, unless a contract for such construction or lease was entered into before the date of enactment of this Act. Provides exceptions in any case in which funds are expended for: (1) construction to rebuild the Gulf Coast region devastated by Hurricane Katrina; and (2) purposes necessary in the interests of national security. Terminates such prohibition on January 1, 2007.
United States · United States Congress · 7 September 2005
Cleanup and Reconstruction Enhancement Act (CARE Act) - Suspends Davis-Bacon Act wage rate requirements for federal contracts in areas declared national disasters, for a one-year period after such declaration.
United States · United States Congress · 6 September 2005
Federal Judiciary Emergency Special Sessions Act of 2005 - Allows federal circuit courts of appeals, district courts, bankruptcy courts, and magistrate judges to hold special sessions outside their circuits or districts upon a finding that, because of emergency conditions, no location within the courts' regular circuits or districts is reasonably available. Authorizes such courts to transact any business, except certain criminal proceedings, at a special session outside their circuits or districts which they might transact at a regular session.
United States · United States Congress · 6 September 2005
Honors, recognizes, and expresses gratitude for the distinguished service, career, and achievements of the late William H. Rehnquist, Chief Justice of the United States.
United States · United States Congress · 29 July 2005
Border Protection Corps Act - Authorizes the governor of a state to establish and command a militia, to be known as the Border Protection Corps, for that state. Allows such a Corps to include only U.S. citizens with no criminal history and no history of mental illness. Requires such militia to be called into service to patrol and defend its international border to prevent individuals from entering the United States at any location other than an authorized port of entry. Requires militia members to work in cooperation with state and local law enforcement officials and the U.S. Border Patrol. Allows militia members to take individuals into custody, but requires individuals taken to be promptly delivered to a federal law enforcement authority. Provides reimbursement through the Department of Homeland Security for a state's militia costs.
United States · United States Congress · 28 July 2005
Amends the Federal Food, Drug, and Cosmetic Act to prohibit the Secretary of Health and Human Services from approving an application for a drug the intended use of which would infringe the right to life, including a drug intended to assist with suicide or induce an abortion. Deems past approved applications for such drugs to be withdrawn and deems such drugs to be adulterated.
United States · United States Congress · 28 July 2005
Medicare Durable Medical Equipment Access Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to prohibit the Secretary of Health and Human Services from awarding any contracts under the competitive durable medical equipment items and services acquisition program unless: (1) the quality standards have been implemented; and (2) the Secretary has received advice from the program oversight committee. Requires the Secretary (who currently is authorized), in carrying out competitive acquisition programs, to exempt: (1) rural areas and areas with low population density within urban areas that are not competitive, unless there is a significant national market through mail order for a particular item or service; and (2) items and services for which the application of competitive acquisition is not likely to result in significant savings. Adds to such exemptions smaller metropolitan statistical areas. Modifies requirements for the protection of small suppliers in bidding and contracting. Requires the Secretary to permit suppliers classified as small businesses to continue to participate as suppliers at the selected award price so long as they submit bids at less than the fee schedule amount otherwise applicable to the items and they otherwise comply with applicable program requirements. Provides for appeal rights (currently denied). Requires the Secretary to exempt from competitive acquisition requirements items and services for which the application of competitive acquisition is not likely to result in significant savings of at least 10%. Prohibits the Secretary from implementing a program with respect to an item or service unless the Secretary demonstrates a probability of achieving significant savings of at least 10%, compared to the fee schedule in effect on January 1, 2006, by including the item or service in the program. Prohibits the Secretary from implementing certain requirements for the payment basis for covered items furnished after January 1, 2009, with respect to the application of rates in an area that is not a competitive acquisition area, unless the Secretary has completed and published in the Federal Register a comparability analysis to ensure the application is appropriate. Requires application of the comparability analysis requirement to certain other part B items and services.
United States · United States Congress · 28 July 2005
Recognizes the 25th anniversary of the East Texas Oil Museum in Kilgore, Texas, established by the family of the late Mr. H.L. Hunt and the Placid Oil Company. Honors the pioneers and developers of discovery in the oil fields of East Texas, including the thousands in the fields who assured our country economic prosperity and success during the Second World War; and offers East Texans sincere wishes on this memorial event in their storied history.
United States · United States Congress · 28 July 2005
Expresses the sense of Congress that the Russian Federation should provide effective protection of intellectual property rights or it risks losing its eligibility to participate in the Generalized System of Preferences (GSP) program.
United States · United States Congress · 22 July 2005
Department of Justice Appropriations Authorization Act, Fiscal Years 2006 through 2009 - Authorizes appropriations for FY2006-FY2009 to carry out the activities of the Department of Justice. Amends the Omnibus Crime Control and Safe Streets Act of 1968 to merge the Byrne grant program and the local law enforcement block grant program into an Edward Byrne Memorial Justice Assistance Grant Program. Amends the USA PATRIOT Act to provide for the establishment of a secure telecommunications system for regional information sharing between federal, state, and local law enforcement agencies. Establishes within the Office of Justice Programs: (1) an Office of Weed and Seed Strategies; (2) an Office of Audit, Assessment, and Management; (3) a Community Capacity Development Office; and (4) an Office of Applied Law Enforcement Technology. Requires the Attorney General to: (1) designate a senior Department official to assume primary responsibility for privacy policy; and (2) report annually to Congress on the status of U.S. persons or residents detained on suspicion of terrorism. Increases penalties for sexual abuse of a ward and abusive sexual contact in correctional facilities. Extends for one year a prison rape commission. Authorizes the Attorney General to use the services of the nonprofit Center for Criminal Justice Technology. Violence Against Women Reauthorization Act of 2005 - Reauthorizes and expands the Violence Against Women Act of 1994. Sets forth provisions: (1) authorizing grants to improve court responses to domestic violence, dating violence, sexual assault, and stalking; (2) directing the Attorney General to establish a task force to review privacy and confidentiality issues, including developing a best practices model to prevent the release of personally identifying victim information; (3) authorizing grants for services and training to enhance community response where there is both child maltreatment and domestic violence, for programs to serve teenage youth, and to combat violent crime on college campuses; (4) authorizing grants to mitigate the effects of domestic violence on children and to reduce future victimization; and (5) authorizing grants to middle schools and high schools to combat domestic violence, dating violence, sexual assault, and stalking and their impact on students. Directs the Attorney General, the Secretary of Homeland Security, and the Secretary of State to promulgate regulations to implement the Battered Immigrant Women Protection Act of 2000. Amends the Immigration and Nationality Act regarding the treatment of the spouse and children of victims of trafficking. Directs the Attorney General to: (1) conduct a national study to examine violence against Indian women; and (2) establish the Safety for Indian Women Formula Grants program.
United States · United States Congress · 21 July 2005
Preserving Patient Access to Inpatient Rehabilitation Hospitals Act of 2005 - Prohibits the Secretary of Health and Human Services, during the period between July 1, 2005, and the date two years after the enactment of this Act, from: (1) requiring a compliance rate, pursuant to the criterion (commonly known as the "75 percent rule") used to determine whether a hospital or hospital unit is an inpatient rehabilitation facility, that is greater than the 50 percent compliance threshold that became effective on July 1, 2004; (2) changing the designation of any inpatient rehabilitation facility in compliance with the 50 percent threshold; or (3) conducting medical necessity review of inpatient rehabilitation facilities using any guidelines other than the national criteria established in the Medicare Benefits Policy Manual. Directs the Secretary to establish procedures for: (1) making any necessary retroactive adjustment to restore the status of a facility as an inpatient rehabilitation facility as a result of this Act; (2) making any necessary payments to inpatient rehabilitation facilities based on such adjustment for discharges occurring on or after July 1, 2005, and before enactment of this Act; and (3) developing and implementing an appeals process that provides for expedited review of any adjustment to the status of a facility as an inpatient rehabilitation facility made during such period Directs the Secretary to establish the National Advisory Council on Medical Rehabilitation to provide advice and recommendations to: (1) Congress and the Secretary concerning the coverage of rehabilitation services under title XVIII (Medicare) of the Social Security Act; and (2) appropriate federal agencies on how best to utilize available research funds and authorities focused on medical rehabilitation research.
United States · United States Congress · 21 July 2005
Modifies the concurrent resolution on the budget for FY2006, with respect to major functional categories, to: (1) increase new budget authority and outlays for Veterans Benefits and Services; and (2) reduce such authority and outlays for International Affairs. Provides that such modifications shall have force and effect as though included in the resolution.
United States · United States Congress · 14 July 2005
Growing Real Ownership for Workers Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) to add a new part B (GROW Accounts Program) under which a GROW Accounts Board shall establish a GROW account for each participating individual. Directs the Secretary of the Treasury, during each calendar year, to transfer to the Board for deposit into an interim fund, amounts equal in the aggregate to 100% of the net OASDI Trust Fund surplus for such calendar year. Requires the interim fund to be invested by the Board in marketable Government Securities. Provides for distributions of an account balance at retirement and treatment of part A (Old Age, Survivors, and Disability Insurance) benefit payments. Amends the Internal Revenue Code to: (1) exempt all GROW accounts from federal taxes; (2) make account distributions taxable as Social Security benefits; and (3) exempt assets of GROW accounts from the estate tax.
United States · United States Congress · 14 July 2005
Abolishment of Obsolete Agencies and Federal Sunset Act of 2005 - Establishes the Federal Agency Sunset Commission to: (1) submit to Congress a schedule for review by the Commission, at least once every 12 years, of the abolishment or reorganization of each agency; (2) review and evaluate the efficiency and public need for each agency using specified criteria; (3) recommend whether each agency should be abolished or reorganized; and (4) report to Congress on all legislation introduced that would establish a new agency or a new program to be carried out by an existing agency. Requires the abolishment of any agency within one year of the Commission's review, unless the agency is reauthorized by Congress. Authorizes the deadline for abolishing an agency to be extended for an additional two years by legislation enacted by a super majority of the House of Representatives and the Senate. Directs the Comptroller General and the Director of the Congressional Budget Office, in cooperation with the Director of the Congressional Research Service, to prepare an inventory of Federal programs within each agency for the purpose of advising and assisting Congress and the Commission in carrying out the requirements of this Act.
United States · United States Congress · 14 July 2005
Child Tax Credit Preservation Act of 2005 - Makes permanent the increases in the child tax credit enacted by the Economic Growth and Tax Relief Reconciliation Act of 2001, the Jobs and Growth Tax Relief Reconciliation Act of 2003, and the Working Families Tax Relief Act of 2004. Provides for an annual inflation adjustment to child tax credit amounts, beginning in 2006.
United States · United States Congress · 13 July 2005
Constitutional Amendment - Prohibits outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts for that fiscal year (except those derived from borrowing) unless Congress, by a three-fifths rollcall vote of each House, authorizes a specific excess of outlays over receipts. Requires a three-fifths rollcall vote of each House to increase the public debt limit. Directs the President to submit a balanced budget to Congress annually. Prohibits any bill to increase revenue from becoming law unless approved by a majority of each House by rollcall vote. Authorizes waivers of these provisions when a declaration of war is in effect or under other specified circumstances involving military conflict.
United States · United States Congress · 30 June 2005
Private Property Rights Protection Act of 2005 - Prohibits a state or political subdivision from using economic development as a reason for exercising its power of eminent domain if federal funds would contribute in any way to: (1) the project for which eminent domain is exercised; or (2) the exercise and enforcement of eminent domain over the project. Renders a state or political subdivision that violations this prohibition ineligible for any such federal funds and directs the federal agency involved to withhold those funds. Prohibits the federal government from using economic development as a reason for exercising eminent domain. Defines "economic development" to mean any activity other than making private property available in substantial part for use by the general public or by an entity that makes the property available for use by the general public, or as a public facility, or to remove harmful effects.
United States · United States Congress · 30 June 2005
Video Choice Act of 2005 - Amends the Communications Act of 1934 to prohibit a competitive video services provider (CVSP) from being required to obtain a franchise in order to provide any video programming, interactive on-demand services, other programming services, or any other video services in an area in which the CVSP has any right or authority to establish lines in or across public rights-of-way and such right or authority does not rely on, and is independent of, any cable franchise obtained by the CVSP. Allows the CVSP to be subject to the payment of fees (with limits) to a local franchising authority based on the gross revenue of the CVSP in that area. Provides for the regulatory treatment of CVSPs.
United States · United States Congress · 28 June 2005
New IDEA (Illegal Deduction Elimination Act) - Amends the Internal Revenue Code to disallow a tax deduction for wages paid to or on behalf of an unauthorized alien.
United States · United States Congress · 28 June 2005
Protection of Homes, Small Businesses, and Private Property Act of 2005 - Declares that the power of eminent domain shall be available only for public use, which shall not be construed to include economic development. Applies such limitation to all exercises of eminent domain by the federal government or by state and local governments through the use of federal funds.
United States · United States Congress · 17 June 2005
Federal Prison Industries Competition in Contracting Act of 2005 - Amends the federal criminal code to replace provisions regarding the purchase of prison-made products by federal departments with provisions establishing a government-wide procurement policy relating to purchases from Federal Prison Industries (FPI), which shall generally require the use of competitive procedures. Authorizes a contract award to be made to FPI using other than competitive procedures: (1) if a product or service is only available from FPI; and (2) by the Federal Bureau of Prisons (the Bureau). Requires that an analysis of the probable impact of a proposed expansion of sales within the federal market by FPI on private sector firms and their non-inmate workers be made whenever FPI proposes to authorize the sale of a new specific product or service or to expand production of a current product or service. Prohibits the total dollar value of FPI sales to the government in FY 2007 through 2011 from exceeding specified percentages of FPI sales for the base period. Amends the Federal Property and Administrative Services Act of 1949 to require an executive agency: (1) before purchasing a product listed in the latest edition of the FPI catalog, to determine whether the FPI product is comparable to products available from the private sector; and (2) if such product is not comparable, to use competitive procedures or make an individual purchase under a multiple award. Authorizes FPI to enter into a contract with a federal contractor to produce products as a subcontractor or supplier in the performance of a federal procurement contract. Includes services within the scope of a prohibition against transporting (in interstate commerce or from a foreign country) goods produced by prisoners. Establishes within the Bureau of Prisons: (1) the Enhanced In-Prison Educational and Vocational Assessment and Training Program; and (2) the Cognitive Abilities Assessment Demonstration Program. Directs: (1) the Chief Operating Officer of FPI to develop proposals to have FPI donate products and services to eligible entities that provide goods or services to low-income individuals who would likely otherwise have difficulty purchasing such products or services; (2) the Director of the Bureau to afford to inmates opportunities to participate in programs and activities designed to help prepare such inmates to obtain employment upon release; and (3) the Comptroller General to undertake to have an independent study conducted on the effects of eliminating FPI's mandatory source authority.
United States · United States Congress · 26 May 2005
Recognizes and commends employers of members of the National Guard and other reserve components who have been mobilized during the Global War on Terrorism. Urges the Department of Defense to continue to develop long-term strategies to maintain a high level of support between such employers through: (1) the Civilian Employment Information Program database; (2) a more predictable system for the mobilization and demobilization of such members; and (3) opportunities to address employer groups on future mobilization plans and future roles of the reserve components.
United States · United States Congress · 18 May 2005
Combating Autism Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to establish: (1) a program to provide information and education on autism and its risk factors to health professionals and the general public; and (2) the Autism Coordinating Committee to coordinate autism related activities within the Department of Health and Human Services (HHS). Requires the Secretary, acting through the Administrator of the Health Resources and Services Administration (HRSA), to award grants or cooperative agreements to develop statewide autism screening, diagnosis, and intervention programs and systems. Requires the Secretary, acting through the Director of the Centers for Disease Control and Prevention (CDC), to award grants or cooperative agreements to provide technical assistance to state agencies to conduct applied autism research.
United States · United States Congress · 18 May 2005
Commends orchestras for their artistic and educational contribution to U.S. communities. Congratulates the American Symphony Orchestra League on the occasion of its 60th national conference.
United States · United States Congress · 18 May 2005
Declares that Congress: (1) expresses condolences to the victims of the riots in the Islamic Republic of Pakistan and in the Islamic Republic of Afghanistan and their families; (2) deplores and condemns the continued irresponsible and inaccurate journalism (the most egregious example of which caused riots that led to the deaths of at least 17 people in Pakistan and Afghanistan) and the prevalent media culture that encourages such journalism; and (3) calls upon the media to exercise due diligence and caution when preparing reports that could jeopardize innocent human lives.
United States · United States Congress · 17 May 2005
Pledge Protection Act of 2005 - Amends the Federal judicial code to deny jurisdiction to any Federal court, and appellate jurisdiction to the Supreme Court, to hear or decide any question pertaining to the interpretation of the Pledge of Allegiance or its validity under the Constitution. Makes this limitation inapplicable to: (1) any court established by Congress under its power to make needful rules and regulations respecting the territory of the United States; or (2) the Superior Court of the District of Columbia or the District of Columbia Court of Appeals.
United States · United States Congress · 12 May 2005
Expresses the sense of the House of Representatives that due to the allegations of fraud and mismanagement within the U.N. oil-for-food program, the growing record of human rights abuses by U.N. personnel in the Democratic Republic of the Congo, and the lack of U.N. response to the Darfur genocide, Kofi Annan should resign as U.N. Secretary General.
United States · United States Congress · 11 May 2005
Family Budget Protection Act of 2005 - Amends the Congressional Budget Act of 1974 to eliminate the May 15 deadline for consideration of annual appropriations measures. Requires annual joint (currently, concurrent) budget resolutions signed by the President. Provides for an amendment to change the statutory limit on the public debt. Requires consideration of budget-related legislation before the budget resolution becomes law. Provides expedited procedures for presidential vetoes of joint budget resolutions. Provides for establishment of a reserve fund for emergencies. Requires: (1) biennial (currently, annual) budget resolutions; (2) biennial appropriations Acts; and (3) biennial government strategic and performance plans. Provides spending caps on the growth of entitlements and mandatory budget outlays. Excludes from such limitation until FY2008 direct spending programs and direct spending under part D (relating to the Voluntary Prescription Drug Benefit Program) of title XVIII (Health Insurance for the Aged and Disabled) under the Social Security Act (SSA) or spending under part C of such title (relating to the Medicare+Choice Program) that is attributable to such part D. Exempts benefits payable under title II (Old Age, Survivors and Disability Insurance) of SSA, Tier 1 railroad retirement benefits, and benefits payable under part A of title XVIII (relating to Hospital Insurance Benefits for the Aged and Disabled) of SSA and part C of such title (relating to the Medicare+Choice program) from required reductions under the Balanced Budget and Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), along with specified government accounts and activities. Provides other exceptions, limitations, and special rules with respect to sequestration exemptions. Directs the Chairman of the House and Senate Committees on the Budget each to maintain a Budget Protection Mandatory Account and a Budget Protection Discretionary Account. Amends the Congressional Budget Act of 1974 to require: (1) an analysis of long-term unfunded obligations in the President's budget submission; and (2) long-term unfunded obligation analyses by the Congressional Budget Office (CBO). Makes it out of order to consider legislation, if upon enactment, it would increase the long-term unfunded obligation of the Old Age, Survivors and Disability Insurance (OASDI) as defined in the CBA. Freezes at current levels spending authority for each unearned entitlement and high-cost discretionary spending program unless such spending authority is reauthorized after the enactment of this Act. Establishes the Commission to Eliminate Waste, Fraud, and Abuse. Provides for accrual funding of the: (1) Civil Service Retirement and Disability Fund; (2) Central Intelligence Agency Retirement and Disability System; and (3) Foreign Service Retirement and Disability System. Establishes in the Treasury: (1) the Public Health Service Commissioned Corps Retirement Fund; (2) the National Oceanic and Atmospheric Administration Commissioned Officer Corps Retirement Fund; and (3) the Coast Guard Military Retirement Fund. Changes the name of the Department of Defense Medicare-Eligible Retiree Health Care Fund to Uniformed Services Health Care Fund (thus, providing health care programs for all uniformed service retirees, under certain conditions). (Currently, such programs are for Department of Defense Medicare-eligible beneficiaries.) Decreases the limit on the public debt from $6.4 trillion to $4.393 trillion. Repeals rule XXVII of the House of Representatives (the Gephardt Rule, relating to mandatory adjustment of the statutory limit on the public debt to conform to a budget resolution). Prohibits consideration of extraneous appropriations in omnibus appropriations measures.
United States · United States Congress · 4 May 2005
Securing Access, Value, and Equality in Health Care Act - Amends the Internal Revenue Code to: (1) allow individual taxpayers a refundable tax credit for health insurance costs paid for the benefit of the taxpayer, the taxpayer's spouse, and dependents; (2) require business taxpayers who receive payments for certain employee health insurance coverage to file informational returns; and (3) direct the Secretary of the Treasury to make advance payments of health insurance tax credit amounts to health insurance providers.
United States · United States Congress · 4 May 2005
Thanks John R. Bolton, President George W. Bush's nominee to serve as United States Ambassador to the United Nations, for his long-standing history of confronting corruption at the United Nations (UN). Urges him to continue his hard work and dedication to the implementation of measures that will restore the UN's credibility.
United States · United States Congress · 28 April 2005
End Demand for Sex Trafficking Act of 2005 - Authorizes the Attorney General to award grants to states and political subdivisions to: (1) establish model law enforcement programs that promote the effective prosecution of persons who solicit an unlawful commercial sex act, persons who purvey others to engage in such an act, and sex traffickers; and (2) assist victims of such an act. Amends the federal criminal code to modify prohibitions against transportation for illegal sexual activity and related crimes (generally) and for coercion and enticement to engage in prostitution or criminal sexual activity to explicitly cover purchasers of commercial sexual activities and acts. Directs federal agencies involved in combating sex trafficking and providing services to victims of commercial sex acts inside the United States to coordinate their activities with the Senior Policy Operating Group established by the Victims of Trafficking and Violence Protection Act of 2000. Directs the Attorney General to: (1) report annually to the Senate and House Judiciary Committees regarding grants and evaluating success in enhancing the prosecution and conviction of purchasers, sex traffickers, and exploiters and in reducing demand for commercial sexual activity; (2) disseminate best methods and practices for training state and local law enforcement personnel involved in enforcing laws prohibiting commercial sexual acts at each annual conference conducted by the Department of Justice; and (3) carry out a biennial comprehensive statistical review and analysis of commercial sexual acts in the United States.
United States · United States Congress · 28 April 2005
Asbestos Compensation Fairness Act of 2005 - Requires as an essential element of a nonmalignant asbestos or silica claim that there be physical impairment to which asbestos or silica exposure was a substantial contributing factor. Sets forth evidentiary requirements for a prima facie showing of: (1) physical impairment for nonmalignant asbestos or silica claims; (2) asbestos- or silica-related lung cancer; (3) asbestos-related other cancer; and (4) asbestos claims based upon mesothelioma. Requires evidence relating to physical impairment to comply with the AMA Guides to the Evaluation of Permanent Impairment. States that presentation of prima facie evidence meeting the foregoing requirements (excluding evidentiary requirements for mesothelioma) shall not: (1) result in a presumption of impairment at trial; (2) be conclusive as to any defendant's liability; and (3) be admissible at trial. Addresses claim consolidation, Federal jurisdiction and venue, preliminary proceedings, and the plaintiff's burden of proof. Delineates the statute of limitations for asbestos- and silica-related claims. States that an asbestos or silica claim arising out of a nonmalignant condition shall be a distinct cause of action from such a claim relating to the same exposed person arising out of asbestos- or silica-related cancer. Prohibits damage awards for fear or risk of cancer in civil actiosn premised on asbestos or silica claims. Specifies the scope of liability and damages for civil actions under this Act, providing that: (1) a defendant shall be liable only for that portion of a judgment for which the defendant is responsible; and (2) no punitive damages may be awarded. Establishes a cap for damages relating to noneconomic losses. Requires plaintiffs to disclose collateral source payments based upon the same claim at the time of filing suit. Reduces the amount of an award otherwise available by the amount of such collateral compensation. Sets forth liability rules applicable to product sellers, renters, lessors, and premises owners. Makes this Act applicable to any civil action asserting an asbestos or silica claim in which final judgment has not been entered as of the date of enactment.
United States · United States Congress · 27 April 2005
Telephone Excise Tax Repeal Act of 2005 - Amends the Internal Revenue Code to repeal the excise tax on communication services (i.e., local telephone service, toll telephone service, and teletypewriter exchange service).
United States · United States Congress · 21 April 2005
Secure Access to Justice and Court Protection Act of 2005 - Amends the federal criminal code to increase penalties for assaulting, kidnapping, murdering, attempting or conspiring to kidnap or murder, or threatening to assault, kidnap, or murder a U.S. official or employee, a federal judge or law enforcement officer, or an immediate family member of such an individual. Subjects anyone who kills a current or former federally funded public safety officer performing official duties to the penalties applicable to killing a U.S. officer or employee performing official duties. Increases minimum terms of imprisonment for second degree murder and manslaughter. Increases penalties for: (1) influencing or injuring an officer or juror; and (2) tampering with or retaliating against a witness, victim, or informant. Includes intimidation of or retaliation against a witness, victim, juror, or informant within the definition of "unlawful activity" for purposes of the prohibition against interstate and foreign travel or transportation in aid of racketeering enterprises. Amends: (1) the Omnibus Crime Control and Safe Streets Act of 1968 to authorize the Attorney General to make grants to states, local governments, and Indian tribes to create and expand witness protection programs; and (2) the Violent Crime Control and Law Enforcement Act of 1994 to authorize grants to states to create and expand witness and victim protection programs. Prohibits: (1) filing in a publicly available record any false lien or encumbrance against the real or personal property of a federal judge, federal attorney, or public safety officer; or (2) making restricted personal information about specified covered officials publicly available through the Internet.
United States · United States Congress · 21 April 2005
Terrorist Penalties Enhancement Act of 2005 - Amends the Federal criminal code to apply the death penalty or life imprisonment for a terrorist offense that results in the death of a person. Makes an individual or corporation who is convicted of a terrorist offense ineligible for Federal benefits for any term of years or for life. Includes "terrorist offenses resulting in death" among the aggravating factors for homicide which are used in determining whether a death sentence is justified. Amends the Violent Crime Control and Law Enforcement Act of 1994 to make the death penalty available in certain air piracy cases occurring before enactment of the Federal Death Penalty Act of 1994 but after enactment of the Antihijacking Act of 1974. Narrows the language of "especially heinous, cruel, or depraved" by requiring that the act involved torture or serious physical abuse to the victim.
United States · United States Congress · 14 April 2005
Community Pharmacy Fairness Act of 2005 - Provides that antitrust laws shall apply to negotiations between groups of independent pharmacies and health plans and health insurance issuers in the same manner as such laws apply to collective bargaining by labor organizations under the National Labor Relations Act.
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 · 6 April 2005
Chinese Currency Act of 2005 - Amends the Tariff Act of 1930 regarding countervailing duty investigations to revise the definition of countervailable subsidy to include exchange-rate manipulation. Defines "exchange-rate manipulation" as protracted large-scale intervention by an authority to undervalue its currency in the exchange market that prevents effective balance-of-payments adjustment or that gains an unfair competitive advantage over any other country. Specifies factors for determining whether exchange-rate manipulation is occurring and a benefit thereby conferred. Applies the definition of "exchange-rate manipulation" to the Government of the People's Republic of China (PRC) or any other public entity within its territory. Specifies: (1) factors for determining whether exchange-rate manipulation is occurring in the PRC; (2) actions to be taken, if a petition for an investigation alleges and reasonably documents that it is occurring; and (3) the standard for presidential action to prevent or remedy the market disruption at issue (including import relief and its modification and extension). Directs the Secretary of Defense, upon proper request or resolution, to report to the U.S. International Trade Commission any determination as to whether or not the articles of the PRC that are the subject of the investigation are like or directly competitive with domestically produced articles critical to the U.S. defense industrial base. Prohibits the Secretary from procuring, directly or indirectly, such products if the Commission or the President or the U.S. Trade Representative makes an affirmative determination that the Secretary's determination is accurate. Provides for presidential waiver of the prohibition in the national security interests of the United States.
United States · United States Congress · 6 April 2005
Heroes Earned Retirement Opportunities Act - Amends the Internal Revenue Code to include combat zone compensation (otherwise excludable from gross income) as earned income for purposes of calculating the tax deduction for contributions to retirement savings plans.
United States · United States Congress · 17 March 2005
Firearm Commerce Modernization Act - Amends Federal firearms provisions to permit a licensed importer, manufacturer, dealer, or collector to: (1) sell or deliver a firearm (currently, a rifle or shotgun) to a resident of a State other than a State in which the licensee's place of business is located or temporarily located if the transferee meets in person with the transferor to accomplish the transfer; and (2) conduct business temporarily at any gun show or event sponsored by any national, State, or local organization, or any affiliate devoted to the collection, competitive use, or other sporting use of firearms (currently, only at such a location in the State specified on the person's license). Provides that nothing in the Act shall be construed to diminish the right of a licensee to conduct firearms transfers (currently, "curios or relics" firearms transfers) with another licensee away from the transferor's business premises.
United States · United States Congress · 17 March 2005
Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation of a congressional gold medal to Michael Ellis DeBakey, M.D. (who performed the first successful coronary bypass, pioneered the field of telemedicine, was elected the first President of Baylor College of Medicine, and received the Presidential Medal of Freedom with Distinction and the National Medal of Science) in recognition of his many outstanding contributions to the Nation.
United States · United States Congress · 17 March 2005
Describes the following as acts that unreasonably burden and discriminate against interstate commerce, and prohibits States, political subdivisions, and any other taxing authority from: (1) assessing natural gas pipeline property at a value that has a higher ratio to its true market value than the ratio used to assess other commercial and industrial property in the same assessment jurisdiction; (2) levying or collecting a tax on such an assessment; (3) levying or collecting an ad valorem property tax on natural gas pipeline property at a rate that exceeds the rate applicable to commercial and industrial property in the same assessment jurisdiction; or (4) imposing any other tax that discriminates against a natural gas pipeline providing transportation subject to the jurisdiction of the Federal Energy Regulatory Commission. Grants jurisdiction to U.S. District Courts and provides for specified relief for claims of discriminatory taxation of natural gas pipeline property.
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 · 17 March 2005
Constitutional Amendment - Declares that marriage in the United States shall consist only of a legal union of a man and a woman. Prohibits any Federal or State court from having jurisdiction to determine whether the Constitution or any State constitution requires the legal incidents of marriage to be conferred upon any union other than a legal union between one man and one woman. Provides that no State shall be required to give effect to any public act, record, or judicial proceeding of any other State concerning a union between persons of the same sex that is treated as a marriage, or as having the legal incidents of marriage, under the laws of such other State.
![Official portrait of Rep. Gohmert, Louie [R-TX-1]](https://www.congress.gov/img/member/116_rp_tx_1_gohmert_louie_200.jpg)