United States · United States Congress · 16 March 2005
Child Predator Act of 2005 - Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to: (1) expand the definition of "criminal offense against a victim who is a minor" to include every offense, whether Federal, State, local, tribal, foreign, or otherwise, that involves one or more of specified characteristics (such as kidnapping or sexual conduct), when committed against a minor; and (2) define "child predator" as a person who is convicted of such an offense that is sexual in nature, where the minor is age 13 or younger. Directs that State procedures require a child predator to: (1) report a change of residence within ten days; and (2) notify appropriate entities within that person's community, including schools, public housing, at least two media outlets, and law enforcement. Sets penalties of up to two years' imprisonment, a fine, or both, for violations. Requires the Federal Bureau of Investigation to disclose to the public, on a free-access Internet site, all information collected regarding each child predator, including a recent photograph. Requires the site to: (1) include a feature under which a member of the public can specify an address and be provided with registration information of all such predators within a radius of that address, as well as other searching and sorting capabilities; and (2) display the information in a manner that clearly indicates that the person is a child predator, along with the statutory definition of that term.
United States · United States Congress · 16 March 2005
Prenatally Diagnosed Condition Awareness Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through either the Director of the National Institutes of Health (NIH), the Director of the Centers for Disease Control and Prevention (CDC), or the Administrator of the Health Resources and Services Administration (HRSA), to authorize and oversee certain activities relating to Down syndrome or other prenatally diagnosed conditions, including the awarding of grants, contracts or cooperative agreements to: (1) collect, synthesize, and disseminate current scientific information; and (2) coordinate the provision of, and access to, supportive services for patients affected, which shall include a telephone hotline, an information clearinghouse, peer-support programs, and registries of families willing to adopt children affected by such conditions. Requires the Secretary, acting through the Director of CDC, to provide assistance to State and local heath departments to integrate the results of prenatal testing into State-based vital statistics and birth defects surveillance programs. Requires a health care provider to provide certain information to a patient who receives a positive test result from a prenatal test for such a condition, including: (1) up-to-date scientific information concerning the life expectancy, clinical course, and intellectual and functional development and treatment options for a fetus diagnosed with, or a child born with, such conditions; and (2) referrals to supportive service providers. Requires the Government Accountability Office (GAO) to submit a report to Congress concerning the effectiveness of current health care and family support programs serving as resources for the families of children with disabilities.
United States · United States Congress · 16 March 2005
Protection of Incapacitated Persons Act of 2005 - Amends the Federal judicial code to authorize an incapacitated person (person), or the person's next friend, to remove to the U.S. district court, for the district in which it arose or was heard, within 30 days after available State remedies have been exhausted, any claim or cause of action in which the State court authorizes or directs the withholding or withdrawal of food or fluids or medical treatment necessary to sustain the person's life.
United States · United States Congress · 16 March 2005
Protection of Incapacitated Persons Act of 2005 - Amends the Federal judicial code to authorize an incapacitated person (person), or the person's next friend, to remove to the U.S. district court, for the district in which it arose or was heard, within 30 days after available State remedies have been exhausted, any claim or cause of action in which the State court authorizes or directs the withholding or withdrawal of food or fluids or medical treatment necessary to sustain the person's life. Defines: (1) incapacitated person as a born individual presently incapable of making relevant decisions concerning the provision, withholding, or withdrawal of food, fluids or medical treatment under applicable law; and (2) next friend as an individual who has some significant relationship with the real party in interest, including a parent. Exempts from such removal authority any claim or cause of action in which no party disputes, and the court finds, that the incapacitated person, while having capacity, had executed a written advance directive valid under applicable law that clearly authorized the withholding or withdrawal of food or fluids or medical treatment in the applicable circumstances. Requires the U.S. district court, in hearing and determining such a claim or cause of action removed under this Act, to consider only whether authorizing or directing the withholding or withdrawal of food or fluids or medical treatment necessary to sustain the person's life constitutes a deprivation of any right, privilege, or immunity secured by the Constitution or laws of the United States. Declares that: (1) the court shall determine any such claim or cause of action de novo; and (2) no bar or limitation based on abstention, res judicata, collateral estoppel, procedural default, or any other doctrine of issue or claim preclusion shall apply.
United States · United States Congress · 16 March 2005
Medicare Patient Access to Physical Therapists Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to authorize qualified physical therapists to provide services for Medicare beneficiaries without the requirement of a physician referral. Provides for treatment of outpatient speech-language pathology services separately from outpatient physical therapy services.
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
Social Security Right to Know Act of 2005 - Amends the Social Security Act to require Social Security account statements to contain additional information, such as a statement of the current Social Security tax rates applicable to wages and self-employment income, including an indication of the combined total of such rates of employee and employer taxes with respect to wages.
United States · United States Congress · 10 March 2005
Government Labor Neutrality Act of 2005 - Amends the National Labor Relations Act to prohibit Federal, State, and local governments from either requiring or prohibiting an agreement with a labor organization by an employer in the construction industry in connection with any construction, alteration, painting, or repair work. Applies such prohibition to Federal agencies or departments, agents acting on the Federal Government's behalf, recipients of Federal grants or financial assistance, persons who have entered into cooperative agreements with the Federal Government, and State or local governments.
United States · United States Congress · 10 March 2005
Federal Consent Decree Fairness Act - Authorizes State or local governments and related officials sued in their official capacity to file a motion to modify or vacate a consent decree upon the earlier of: (1) four years after the consent decree is originally entered; or (2) in the case of a civil action in which a State is a party or in which a local government is a party and the surrounding State is not a party, the expiration of the term of office of the highest elected State or local government official authorizing the consent decree. Places the burden of proof with respect to such motions on the party originally filing the action to demonstrate that continued enforcement is necessary to uphold a Federal right. Nullifies consent decrees pending a ruling on a motion to modify or vacate if the court fails to rule on such motion within 90 days of filing. Addresses compensation and termination of special masters overseeing consent decrees. Makes this Act applicable to all consent decrees regardless of: (1) the date on which the final order of a consent decree is entered; or (2) whether any relief has been obtained before enactment.
United States · United States Congress · 10 March 2005
Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal collectively to the Tuskegee Airmen in recognition of their unique military record, which inspired revolutionary reform in the Armed Forces.
United States · United States Congress · 10 March 2005
Secure Access to Firearms Enhancement (SAFE) Act of 2005 - Amends the Federal criminal code to provide for reciprocity for the carrying of certain concealed firearms in different States by persons who are not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm and who are: (1) carrying a valid State license or permit for carrying a concealed firearm; or (2) otherwise entitled to carry a concealed firearm in their State of residence.
United States · United States Congress · 10 March 2005
Berry Amendment Notification Act - Provides that if the Secretary of Defense makes an exception to the requirement that certain items procured by the Department of Defense must be grown, reprocessed, reused, or produced in the United States, then the Secretary must post a notification of such exception on the Internet site maintained by the General Services Administration known as FedBizOps.gov (or any successor site). Adds clothing materials and components to the items for which such Buy American requirement will apply.
United States · United States Congress · 10 March 2005
Recognizes that prayer before school board meetings is a protected act and expresses support for such prayer. Expresses dissaproval of a decision by the U.S. District Court for the Eastern District of Louisiana ruling against such prayer at Tangipahoa School Board meetings.
United States · United States Congress · 9 March 2005
Alternative Minimum Tax Repeal Act of 2005 - Amends the Internal Revenue Code to repeal the alternative minimum tax for individual and corporate taxpayers .
United States · United States Congress · 8 March 2005
Incapacitated Persons Legal Protection Act of 2005 - Amends the Federal judicial code to extend habeas corpus protections to persons who are subject to a court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain the person's life. Deems persons having custody in such cases to encompass parties so authorized or directed. States that there shall be no requirement to produce the body of the incapacitated person at the hearing. Exempts from this Act those cases in which the incapacitated person indisputably executed a written advance directive while having capacity that clearly authorized the withholding or withdrawal of food, fluids, or necessary medical treatment. Defines "incapacitated person" to mean an individual presently incapable of making relevant decisions concerning the provision, withholding, or withdrawal of food, fluids, or medical treatment under applicable State law.
United States · United States Congress · 3 March 2005
Marriage Protection Act of 2005 - Amends the Federal judicial code to deny Federal courts jurisdiction to hear or decide any question pertaining to the interpretation of: (1) the provision of the Defense of Marriage Act that provides that no State shall be required to give effect to any marriage between persons of the same sex under the laws of any other State; or (2) this Act.
United States · United States Congress · 3 March 2005
RU-486 Suspension and Review Act of 2005 - Deems the approved application for the drug mifepristone (marketed as Mifeprex, commonly known as RU-486, and used for the chemically induced termination of intrauterine pregnancy) to have been withdrawn. Deems the drug misoprostol to be misbranded under the Federal Food, Drug, and Cosmetic Act (FFDCA) if it bears labeling providing that the drug may be used for the medical termination of intrauterine pregnancy. Directs the Comptroller General to review and report on the process by which the Food and Drug Administration (FDA) approved mifepristone. Provides for the reinstatement of the approved application for such drug if the report determines the approval to have been in accordance with FFDCA.
United States · United States Congress · 3 March 2005
Expresses the sense of Congress that: (1) the U.S. Government should continue to insist that the People's Republic of China (PRC) respect its citizens' fundamental human rights; and (2) the U.S. representative should introduce a resolution at the 61st Session of the United Nations (UN) Human Rights Commission in Geneva, Switzerland, detailing the human rights situation in the PRC and urging it to abide by internationally recognized human rights standards. Urges the PRC to: (1) stop the persecution of religious practitioners and to safeguard fundamental human rights; (2) stop the forced return of North Korean refugees; (3) end its coercive one-child per family policy; (4) investigate the 1989 Tiananmen Square event, release all prisoners held in connection with that event, and compensate the families who lost their loved ones; (5) release all prisoners of conscience, persons held because of their religious activities, and persons of humanitarian concern; (6) release the 11th Panchen Lama identified by Dalai Lama and allow him to undertake his rightful role; and (7) allow visits to China by the United States Commission on International Religious Freedom, the United Nations Special Rapporteurs on Religious Intolerance and Torture, and the International Committee of the Red Cross.
United States · United States Congress · 1 March 2005
Amends the Internal Revenue Code to permit: (1) Federal civilian and military retirees to pay Federal Employees Health Benefits Program (FEHBP) and TRICARE supplemental premiums on a pretax basis (i.e., exclude premiums from gross income); and (2) a tax deduction (available to itemizers and nonitemizers) for TRICARE supplemental premiums or enrollment fees. Directs the Director of the Office of Personnel Management (OPM) and the Secretary of Defense to ensure that the option of paying FEHBP and TRICARE supplemental premiums on a pretax basis is available to Federal civilian and military retirees for the first open enrollment period beginning not less than 90 days after the enactment of this Act.
United States · United States Congress · 1 March 2005
English Language Unity Act of 2005 - Declares English to be the official language of the United States. Establishes the affirmative obligation of the representatives of the Federal Government to preserve and enhance the role of the English language as the Government's official language. Requires the official functions of the Government to be conducted in English. Requires: (1) a uniform English language testing standard for U.S. naturalization; and (2) all naturalization ceremonies to be conducted in English. Sets forth exceptions to, and rules of construction for, such requirements. Authorizes persons injured by violations of this Act to obtain appropriate relief in civil actions. Declares, as a general rule of construction, that English language requirements and workplace policies, whether in the public or private sector, shall be presumptively consistent with the laws of the United States. Requires the Secretary of Homeland Security to issue for public notice and comment a proposed rule for uniform testing of the English language ability of candidates for naturalization based upon the principles that: (1) all citizens should be able to read and understand generally the English language text of the Declaration of Independence, the Constitution, and the Laws of the United States; and (2) any exceptions to this standard should be limited to extraordinary circumstances, such as asylum.
United States · United States Congress · 1 March 2005
Law Enforcement Officers Equity Act - Redefines the term "law enforcement officer" under provisions of the Federal Employees Retirement System (FERS) and the Civil Service Retirement System (CSRS) to include: (1) Federal employees not otherwise covered by such term whose duties include the investigation or apprehension of suspected or convicted individuals and who are authorized to carry a firearm; and (2) such employees of the Internal Revenue Service whose duties are primarily the collection of delinquent taxes and the securing of delinquent returns. Requires that such service which is performed by an incumbent law enforcement officer be treated: (1) on or after the enactment date of this Act, for all purposes, as service performed as a law enforcement officer, irrespective of how such service is treated under the following; and (2) before, on, or after such date, for purposes of CSRS and FERS, as service performed as such an officer, but only if an appropriate written election is submitted to the Office of Personnel Management five years after such date or before separation from Government service, whichever is earlier. Provides that nothing under current law respecting mandatory separation from Government service under CSRS or FERS shall cause the involuntary separation of an officer before the end of the three-year period beginning on such date.
United States · United States Congress · 17 February 2005
More Money for College Act - Amends the Internal Revenue Code to: (1) eliminate the dollar limitation applicable to the tax deduction for qualified tuition and related expenses; (2) deny such deduction for taxpayers with adjusted gross incomes exceeding $80,000 ($160,000 for joint returns), adjusted for inflation; and (3) make such deduction permanent.
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
Transit System Flexibility Protection Act of 2005 - Permits the Secretary of Transportation to make mass transportation formula grants for an urbanized area with a population of more than 200,000 if the transit system operates fewer than 100 buses on fixed route service during peak hours.
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
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 · 17 February 2005
Expresses the sense of Congress that the Federal Government should: (1) strongly oppose the anti-secession legislation of the People’s Republic of China (PRC), as it will alter the status quo in the region, and thus is a grave concern to the United States; (2) reaffirm its policy that the future of Taiwan should be resolved by peaceful means and with the consent of its people; and (3) continue to encourage dialogue between Taiwan and the PRC. Urges the President to direct all appropriate Federal officials to reflect the concern with which the United States views the enactment of the anti-secession legislation to their counterpart officials in the PRC Government.
United States · United States Congress · 16 February 2005
Amends the Foreign Sovereign Immunities Act of 1976 (FSIA) to require that a foreign state designated as a state sponsor of terrorism under specified laws, or an official, employee, or agent of such a foreign state, shall be liable to a U.S. national for the national's personal injury or death caused by acts of that state or official, employee, or agent acting within the scope of his or her duties. Provides that the removal of a foreign state from designation as a state sponsor of terrorism shall not terminate such a cause of action arising during the period of designation. Authorizes U.S. courts to exercise jurisdiction over such actions for money damages under an FSIA provision concerning acts of torture, extrajudicial killing, aircraft sabotage, hostage taking, and material support for such acts. Mandates that property interests of foreign states, or agencies or instrumentalities of foreign states, against which judgment is entered pursuant to such provision are subject to attachment execution. Requires foreign states to be held vicariously liable for the actions of their officials, employees, or agents. Amends the Victims of Crime Act of 1984 (VCA) to modify the definition of "victim" for purposes of compensation under that Act. Requires the transfer of VCA funds to carry out an order appointing Special Masters in the matter of Peterson, et al. v. The Islamic Republic of Iran. Revives previously dismissed causes of action that would be cognizable under this Act by retroactively tolling the applicable statute of limitations from the date of initial filing to 60 days after enactment of this Act.
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
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 · 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
Internet Spyware (I-SPY) Prevention Act of 2005 - Amends the federal criminal code to prohibit intentionally accessing a protected computer without authorization, or exceeding authorized access, by causing a computer program or code to be copied onto the protected computer, and intentionally using that program or code: (1) in furtherance of another federal criminal offense; (2) to obtain or transmit personal information (including a Social Security number or other government-issued identification number, a bank or credit card number, or an associated password or access code) with intent to defraud or injure a person or cause damage to a protected computer; or (3) to impair the security protection of that computer. Prohibits any person from bringing a civil action under state law premised upon the defendant's violating this Act. Provides that this Act does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency or a U.S. intelligence agency. Authorizes appropriations to the Attorney General for prosecutions needed to discourage the use of spyware and the practice called phishing. Expresses the sense of Congress that the Department of Justice should vigorously prosecute those who use spyware to commit crimes and those that conduct phishing scams.
United States · United States Congress · 10 February 2005
Fair Care for the Uninsured Act of 2005 - Amends the Internal Revenue Code to allow a refundable tax credit for health insurance paid for the benefit of a taxpayer, his spouse, and dependents (no more than two). Directs the Secretary of the Treasury to make advance payments of credit amounts to the provider of the taxpayer's health insurance. Requires each health insurer, health maintenance organization, and health service organization to participate in a State-established health insurance safety net to assure the availability of health insurance to uninsurable individuals. Funds such safety nets through assessments against such insurers and organizations. Permits such insurers and organizations to add the costs of such assessments to the costs of their insurance or coverage. Amends the Public Health Service Act to allow health benefits coverage through individual membership associations (IMAs). Sets forth IMA requirements, including that the IMA be an organization operated under the direction of an association and that IMA health benefits coverage only be provided through contracts with health insurance issuers. Requires IMAs to include a minimum of two health insurance coverage options.
United States · United States Congress · 10 February 2005
Farmland Capital Gains Equity Act of 2005 - Amends the Internal Revenue Code to provide an exclusion from gross income of gain from the sale of qualified farm property. Defines "qualified farm property" as U.S. property used by a taxpayer or a member of his family as a farm for farming purposes for at least three years. Requires such taxpayer or family member to materially participate in the operation of the farm. Limits the amount of such exclusion to $500,000 ($250,000 in the case of a married individual filing a separate return), reduced by the aggregate amount of gain excluded for all preceding taxable years.
United States · United States Congress · 10 February 2005
Urges the Department of Commerce and the International Trade Commission, in conducting five-year sunset reviews of antidumping or countervailing duties on steel products, to use their authority to take into account, and report on, the impact of such duties on steel-consuming manufacturers and the overall economy.
United States · United States Congress · 9 February 2005
AMT Middle Class Fairness Act of 2005 - Amends the Internal Revenue Code to: (1) allow as a deduction against alternative minimum taxable income certain State and local taxes; and (2) provide for an inflation adjustment of the alternative minimum tax exemption amount for individual taxpayers.
United States · United States Congress · 9 February 2005
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 - Amends Federal bankruptcy law governing: (1) conversion of bankruptcy petitions; (2) abusive creditor practices; (3) domestic support obligations; (4) consumer protections, including protection of personally identifiable information; (5) measures to discourage bankruptcy abuse, including reduction of the homestead exemption for fraud; (6) guidelines for general and small business bankruptcies, including appointment of a committee of retired employees; (7) bankruptcy data dissemination and bankruptcy tax provisions; (8) ancillary and other cross-border cases to incorporate the Model Law on Cross-Border Insolvency; and (9) financial contracts and transfers entered into with an insolvent insured depository institution before its conservatorship or receivership. Reenacts Chapter 12, Adjustment of Debts of a Family Farmer with Regular Annual Income. Brings family fishermen within the purview of Federal bankruptcy protection. Prescribes guidelines for insolvent health care businesses and related patients' rights. Bankruptcy Judgeship Act of 2005 - Amends the Federal Judicial Code to mandate appointments for additional temporary bankruptcy judgeships in designated States. Prescribes additional consumer credit disclosures, including open end credit plans and introductory rates.
United States · United States Congress · 9 February 2005
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 · 9 February 2005
Expresses the sense of the Congress that: (1) the President should immediately disapprove the totalization agreement signed by the Commissioner of Social Security and the Director General of the Mexican Social Security Institute on June 29, 2004, and refrain from transmitting such agreement to the Congress; and (2) the Commissioner of Social Security should withdraw from any further negotiations with Mexico relating to totalization agreements between the United States and Mexico.
United States · United States Congress · 8 February 2005
Community Restoration and Revitalization Act of 2005 - Amends the Internal Revenue Code to: (1) allow an increased rehabilitation tax credit for certain low-income buildings; (2) allow a basis reduction adjustment for property eligible for the credit; (3) increase the credit for certain smaller buildings; (4) allow property eligible for the credit to be used for lodging purposes; (5) modify placed-in-service rules for credit property; (6) modify qualification rules for credit property that is tax-exempt use property; and (7) increase the credit for buildings in high cost areas.
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.
![Official portrait of Rep. Hostettler, John N. [R-IN-8]](https://www.congress.gov/img/member/h000807_200.jpg)