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
Right to Life Act - Declares that the right to life guaranteed by the Constitution is vested in each human being. Defines "human being" (and "human person") to encompass all stages of life, including but not limited to the moment of fertilization or cloning.
United States · United States Congress · 2 February 2005
Class Action Fairness Act of 2005 - Amends the Federal judicial code to specify the calculation of contingent and other attorney's fees in proposed class action settlements that provide for the award of coupons to class members. Prohibits a Federal district court from approving: (1) a proposed coupon settlement absent a finding that the settlement is fair, reasonable, and adequate; (2) a proposed settlement involving payments to class counsel that would result in a net monetary loss to class members, absent a finding that the loss is substantially outweighed by nonmonetary benefits; (3) a proposed settlement that provides greater sums to some class members solely because they are closer geographically to the court; or (4) a proposed settlement that provides for the payment of a greater share of the award to a class representative versus other class members. Grants district courts original jurisdiction of any civil action in which the matter in controversy exceeds $5 million, exclusive of interest and costs, and that is between citizens of different States or between citizens of a State and a foreign State or its citizens or subjects. Lists those factors pursuant to which a district court may decline to exercise jurisdiction over a class action. Sets forth provisions governing the removal of interstate class actions to Federal district court and the review on appeal of remand orders. Grants the Federal courts of appeals jurisdiction to hear appeals of class action certification orders if notice of appeal is filed within 10 days of entry of such an order. Requires discovery and other proceedings to be stayed during the pendency of an appeal unless the court finds that specific discovery is necessary to preserve evidence or to prevent undue prejudice.
United States · United States Congress · 1 February 2005
Amends the Horse Protection Act to prohibit the shipping, transporting, moving, delivering, receiving, possessing, purchasing, selling, or donation of horses and other equines to be slaughtered for human consumption. Authorizes the Secretary of Agriculture to detain for examination, testing, or the taking of evidence: (1) any horse at any horse show, horse exhibition, or horse sale or auction which is sore or which the Secretary has probable cause to believe is sore; and (2) any horse or other equine which the Secretary has probable cause to believe is being shipped, transported, moved, delivered, received, possessed, purchased, sold, or donated in violation of such prohibition.
United States · United States Congress · 1 February 2005
Small Business Healthcare Savings Act - Amends the Public Health Service Act to repeal the requirement that each health insurance issuer in the small group market in a State must accept every small employer in the State that applies for such coverage.
United States · United States Congress · 1 February 2005
Marine One Made in America Act - Prohibits the Secretary of the Navy from entering into a contract for the procurement of a helicopter under the VH-3D presidential helicopter replacement program unless the contract requires the helicopter to be wholly manufactured in the United States from parts wholly manufactured in the United States. Provides that if a contract entered into after December 31, 2004, and before the date of enactment of this Act does not meet such requirements, the Secretary shall terminate such contract.
United States · United States Congress · 1 February 2005
Reaffirms the U.S. arms embargo on the People's Republic of China (PRC), and finds that policies by the United States and other countries which promote democratic rather than military development in the PRC will help assure a stable and peaceful Asia and Pacific region. Deplores the recent increase in arms sales by member states of the European Union (EU) to the PRC and the European Council's decision to finalize work toward lifting its arms embargo on the PRC. Declares that such a development in European security policy is inconsistent with the mutual security interests that lie at the heart of U.S. laws for transatlantic defense cooperation at both the governmental and industrial levels and would necessitate unwelcome constraints in these relationships. Requests the President to urge European leaders to reconsider such course of action and, instead, work to prevent any future sale of arms or related technology to the PRC.
United States · United States Congress · 1 February 2005
Calls for the Citizens' Stamp Advisory Committee to recommend, and the United States Postal Service to issue, a commemorative postage stamp to promote public awareness of Down syndrome.
United States · United States Congress · 26 January 2005
Education Improvement Tax Cut Act - Amends the Internal Revenue Code to allow: (1) a tax credit up to $3,000 per year for contributions to a school tuition organization which distributes at least 90 percent of its annual gross income for elementary and secondary school scholarships; and (2) a tax credit up to $3,000 per year for contributions to a school materials organization which distributes at least 90 percent of its annual gross income to elementary and secondary schools for instructional materials and equipment and for materials and equipment for extracurricular activities.
United States · United States Congress · 26 January 2005
Honoring Every Requirement of Exemplary Service Act of 2005 or HEROES Act of 2005 - Increases from $12,000 to $100,000 the death gratuity payable to the survivors of members of the Armed Forces who die: (1) as a direct result of armed conflict; (2) while engaged in hazardous service; (3) in the performance of duty under conditions simulating war; (4) through an instrumentality of war; or (5) in an operation or area designated as a combat operation or a combat zone. Requires the Secretary of the military department concerned to pay an additional death gratuity of $238,000 for a member of the Armed Forces who died before the date of enactment of this Act as a direct result of one or more wounds, injuries, or illnesses that were: (1) incurred in the theater of operations of Operation Enduring Freedom or Operation Iraqi Freedom; or (2) as a direct result of armed conflict, while engaged in hazardous service, in the performance of duty under conditions simulating war, or through an instrumentality of war on or after October 7, 2001. Increases the maximum amount of life insurance coverage for a member of the armed forces under servicemembers' group life insurance. Provides for $150,000 additional life insurance with no deductible due from the member for combat-related deaths. Requires spousal approval for a member to elect not to have life insurance coverage or have less than the maximum amount allowable.
United States · United States Congress · 26 January 2005
REAL ID Act of 2005 - Amends Immigration and Nationality Act provisions concerning asylum to: (1) authorize the Secretary of Homeland Security, in addition to the Attorney General, to grant asylum; (2) require asylum applicants to prove that race, religion, nationality, membership in a particular social group, or political opinion was or will be (if removed) the central reason for their persecution; and (3) provide that an applicant's testimony may be sufficient to sustain this burden of proof only if the trier of fact determines that it is credible, persuasive, and fact-specific. Gives the trier of fact discretion to require corroborating evidence. Lists factors relevant to credibility determinations in asylum cases. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to authorize the Secretary of Homeland Security to waive laws as necessary to ensure expeditious construction of certain barriers and roads at the U.S. border. Expands grounds of inadmissibility and deportability due to terrorist or terrorist-related activity. Modifies the provision defining "engage in terrorist activity" to eliminate the possibility of discretionary waivers of inadmissibility for material support of organizations or individuals that have engaged in terrorist activity. Expands the definition of "terrorist organization." Prohibits Federal agencies from accepting State issued driver's licenses or identification cards unless such documents are determined by the Secretary to meet minimum security requirements. Sets forth issuance standards for such documents that require: (1) evidence that the applicant is lawfully present in the United States; and (2) issuance of temporary driver's licenses or identification cards to persons temporarily present that are valid only for their period of authorized stay (or for one year where the period of stay is indefinite). Authorizes the Secretary to impose additional requirements. Requires States, as a condition of receiving financial assistance, to participate in the interstate compact regarding the sharing of driver's license data. Authorizes the Secretary to make grants to States to assist them in conforming to the document standards of this Act. Repeals overlapping provisions of the Intelligence Reform and Terrorism Prevention Act of 2004.
United States · United States Congress · 26 January 2005
Make College Affordable Act of 2005 - Amends the Internal Revenue Code to allow taxpayers, their spouses, dependents, and grandchildren a tax deduction from gross income for certain higher education expenses and for interest on certain student loans. Includes as higher education expenses undergraduate tuition and fees and reasonable living expenses while attending an institution of higher education.
United States · United States Congress · 26 January 2005
Hope Plus Scholarship Act of 2005 - Amends the Internal Revenue Code to include qualified elementary and secondary education expenses within the definition of the term qualified tuition and related expenses for purposes of the Hope Scholarship Tax Credit.
United States · United States Congress · 26 January 2005
Family Education Freedom Act of 2005 - Amends the Internal Revenue Code to allow a tax credit of up to $3,000 per student per year for the cost of attendance at any educational institution (including any private, parochial, religious, or home school) organized to provide elementary or secondary education, or both.
United States · United States Congress · 26 January 2005
Disaster Prevention Protection Act of 2005 - Amends the Internal Revenue Code to exclude from gross income certain 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 · 25 January 2005
Little Rock Central High School Desegregation 50th Anniversary Commemorative Coin Act - Requires the Secretary of the Treasury to mint and issue coins commemorating the 50th anniversary of the desegregation of Little Rock Central High School in Little Rock, Arkansas. Requires the design of such coins to be emblematic of the desegregation of Little Rock Central High School and its contribution to civil rights in America. Specifies the sale price of such coins and applicable surcharges. Requires surcharges collected from sales to be used equally for: (1) the Jefferson National Parks Association for support of the activities and mission of Little Rock Central High National Historic Site; and (2) site improvements.
United States · United States Congress · 25 January 2005
Breast Cancer Research Stamp Reauthorization Act - Amends Federal postal law to extend through December 31, 2007, the U.S. Postal Service's authority to issue special postage stamps to help fund breast cancer research.
United States · United States Congress · 25 January 2005
Adoption Tax Relief Guarantee Act of 2005 - Exempts provisions expanding the adoption tax credit and adoption assistance programs enacted by the Economic Growth and Tax Relief Reconciliation Act of 2001 from the general terminating (sunset) provisions of that Act.
United States · United States Congress · 20 January 2005
Military Death Benefit Improvement Act of 2005 - Increases from $12,000 to $100,000 the death gratuity payable to the survivors of members of the Armed Forces who die: (1) while on active duty or inactive duty training; or (2) within 120 days after discharge or release from such duty or training, if the death resulted from an injury or disease incurred or aggravated during such duty or training.
United States · United States Congress · 4 January 2005
Parental Consent Act of 2005 - Prohibits Federal funds from being used to establish or implement any universal or mandatory mental health screening program. Prohibits Federal education funds from being used to pay any local educational agency or other instrument of government that uses the refusal of a parent or legal guardian to provide consent to mental health screening as the basis of a charge of child abuse or education neglect until the agency or instrument demonstrates that it is no longer using such refusal as a basis of such charge. Defines universal or mandatory mental health screening as any mental health screening program in which a set of individuals is automatically screened without regard to whether there was a prior indication of a need for mental health treatment, including: (1) any program of State incentive grants to implement recommendations in the July 2003 report of the President's New Freedom Commission on Mental Health; and (2) any student mental health screening program that allows mental health screening of individuals under 18 years of age without the express, written, voluntary, informed consent of the parent or legal guardian of the individual involved.
United States · United States Congress · 4 January 2005
Redesignates the: (1) Department of the Navy as the Department of the Navy and Marine Corps; and (2) Secretary of the Navy as the Secretary of the Navy and Marine Corps. Makes similar redesignations with respect to Department Assistant Secretaries and the General Counsel.
United States · United States Congress · 4 January 2005
NASA and JPL 50th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury, in commemoration of the 50th anniversary of the establishment of the National Aeronautics and Space Administration (NASA) and the Jet Propulsion Laboratory (JPL) to mint and issue: (1) ten dollar gold coins; (2) five dollar gold coins; (3) one dollar silver coins; and (4) half-dollar silver coins emblematic of the 50 years of exemplary and unparalleled achievements of NASA and JPL. Directs each Federal agency and U.S. instrumentality that has in its possession any craft or any part of a craft that flew in space to: (1) retrieve any gold, silver, copper, and other precious metal that may be used in the production of any coins under this Act from such craft or part; and (2) deposit such metals with the Director of the United States Mint. Requires that all sales of coins minted under this Act include a surcharge of : (1) $75 per coin for the ten dollar coin; (2) $35 per coin for the five dollar coin; (3) $10 per coin for the one dollar coin; and (4) $3 for the half-dollar coin, which shall be paid by the Secretary to the NASA Family Assistance Fund for the purposes of providing financial assistance to the families of NASA personnel who die as a result of injuries suffered in the performance of their official duties.
United States · United States Congress · 4 January 2005
Amends Federal aviation law to prohibit the Administrator of the Federal Aviation Administration, solely by reason of a person's age if the person has not attained his or her Social Security retirement age, from: (1) denying, deferring as to, or failing to renew for any such person an airman or medical certificate for the operation of a commercial aircraft; (2) imposing restrictions or limitations on an airman or medical certificate following initial or periodic competency or medical testing which has the same age discriminatory effect on the person; or (3) requiring an air carrier to terminate the employment of, or not to employ, or to take any other action having the same age discriminatory effect on, such person as a pilot of an aircraft. Declares that such requirements shall not provide the basis for a claim of seniority made under any labor bargaining agreement in effect between the pilots and an air carrier by any pilot seeking re-employment by an air carrier following the pilot's previous termination or cessation of employment.
United States · United States Congress · 4 January 2005
Senior Citizens Tax Elimination Act - Amends the Internal Revenue Code to repeal the inclusion of any social security or tier I railroad retirement benefits in gross income. Appropriates funds to cover reductions in transfers to the Social Security and Railroad Retirement Trust Funds resulting from the enactment of this Act. Expresses the sense of Congress against using tax increases to provide revenue necessary to carry out this Act.
United States · United States Congress · 4 January 2005
Social Security Beneficiary Tax Reduction Act - Amends the Internal Revenue Code to repeal, effective January 1, 2005, the 1993 increase in income taxes on Social Security benefits.
United States · United States Congress · 4 January 2005
Declares Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency," to be null and void. Prohibits the use of funds for the promulgation or enforcement of an executive order that creates an entitlement to services provided in a language other than English.
United States · United States Congress · 4 January 2005
Stop Counterfeiting in Manufactured Goods Act - Modifies Federal criminal code provisions regarding trafficking in counterfeit goods or services to prohibit trafficking in counterfeit marks. Directs the court: (1) upon a determination by a preponderance of the evidence that any article in a defendant's possession bears or is a counterfeit mark, to order the forfeiture and destruction of such article, regardless of whether the defendant is convicted of an offense; and (2) in imposing sentence, to order a person convicted of, or who pleads guilty or nolo contendre to, a violation to forfeit any property derived from proceeds of, or used in the commission of, the violation. Modifies the definition of "counterfeit mark" to include a spurious mark that is applied to, or consists of, a label, patch or medallion. Provides that nothing in this Act shall entitle the United States to bring a criminal cause of action for the repackaging, without deception, of genuine goods or services.
United States · United States Congress · 4 January 2005
Citizens' Self-Defense Act of 2005 - Declares that a person not prohibited under the Brady Handgun Violence Prevention Act from receiving a firearm shall have the right to obtain firearms for security and to use firearms in defense of: (1) self or family against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury; (2) self or family in the course of the commission by another person of a violent felony against the person or a member of the person's family; and (3) the person's home in the course of the commission of a felony by another person. Authorizes persons whose rights under this Act have been violated to bring an action in U.S. district court against the United States, any State, or any person for damages, injunctive relief, and such other relief as the court deems appropriate. Sets forth provisions regarding: (1) the award of attorney's fees; and (2) the statute of limitations.
United States · United States Congress · 4 January 2005
Adoption Information Act - Amends the Public Health Service Act to require family planning service projects or programs, as a condition of receiving certain grants or contracts, to assure the Secretary of Health and Human Services that they will provide to each person who inquires about their services a pamphlet containing a comprehensive list of adoption centers in their State. Directs the Secretary to prepare, annually update, and distribute such pamphlets to such projects or programs.
United States · United States Congress · 4 January 2005
Health Care Freedom of Choice Act - Amends the Internal Revenue Code to allow the tax deduction for medical expenses without the gross income percentage limitation.
United States · United States Congress · 9 September 2004
Disabled Veterans Transition Assistance Act of 2004 - Requires the Secretary of Defense to carry out a program to provide a support system for members of the Armed Forces who incur severe disabilities on or after September 11, 2001, including a system of advocacy and follow-up to assist those members to transition from military service to the civilian community. Requires the Secretary to designate an executive agent to carry out the program throughout the Department of Defense and, in cooperation with the Secretary of Homeland Security, for members of the Coast Guard with severe disabilities.
United States · United States Congress · 22 July 2004
Federal Regulatory Improvement Act of 2004 - Revises the purpose of the Administrative Conference of the United States to include: (1) promoting more effective public participation and efficiency in the rulemaking process; (2) reducing unnecessary litigation in the regulatory process; (3) improving the use of science in the regulatory process; and (4) improving the effectiveness of laws applicable to the regulatory process. Authorizes appropriations for FY 2005 through FY 2007.
United States · United States Congress · 21 July 2004
NASA and JPL 50th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury, in commemoration of the 50th anniversary of the establishment of the National Aeronautics and Space Administration (NASA) and the Jet Propulsion Laboratory (JPL) to mint and issue: (1) ten dollar gold coins; (2) five dollar gold coins; (3) one dollar silver coins; and (4) half-dollar silver coins emblematic of the 50 years of exemplary and unparalleled achievements of NASA and JPL. Directs each Federal agency and U.S. instrumentality that has in its possession any craft or any part of a craft that flew in space to: (1) retrieve any gold, silver, copper, and other precious metal that may be used in the production of any coins under this Act from such craft or part; and (2) deposit such metals with the Director of the United States Mint. Requires that all sales of coins minted under this Act include a surcharge of : (1) $75 per coin for the ten dollar coin; (2) $35 per coin for the five dollar coin; (3) $10 per coin for the one dollar coin; and (4) $3 for the half-dollar coin, which shall be paid by the Secretary to the NASA Family Assistance Fund for the purposes of providing financial assistance to the families of NASA personnel who die as a result of injuries suffered in the performance of their official duties.
United States · United States Congress · 21 July 2004
Recognizes: (1) the year 2004 as the 60th anniversary of the Liberation of Guam during World War II; (2) the extraordinary heroism and steadfast loyalty exhibited by the people of Guam who endured occupation by enemy forces from December 10, 1941, until liberation on July 21, 1944; and (3) the bravery and courage of all members of the U.S. Armed Forces who participated in the battle to recapture and liberate Guam and all veterans who fought in the Pacific Theater during World War II. Encourages the American people to commemorate the Liberation of Guam and to observe the anniversary of the significant battles of the Pacific Theater during World War II. Urges the Secretary of the Interior to establish commemorative programs honoring the liberators and the people of Guam at the War in the Pacific National Historical Park in Guam.
United States · United States Congress · 20 July 2004
Expresses the sense of the House of Representatives that: (1) the actions of terrorists will never cause the date of any Presidential election to be postponed; and (2) no single individual or agency should be given the authority to postpone the date of such an election.
United States · United States Congress · 15 July 2004
Expresses the disapproval of the House of Representatives of the agreement establishing totalization arrangements between the Social Security systems of the United States and Mexico.
United States · United States Congress · 7 July 2004
Modifies the conference report on S.Con.Res. 95 (congressional budget) and the accompanying joint explanatory statement, as made applicable to the House of Representatives by H.Res. 649 (providing for the consideration of the conference report), with respect to major functional categories relating to: (1) Veterans Benefits and Services; and (2) International Affairs. Provides that such modifications shall have force and effect in the House as though they were included in the conference report and accompanying statement.
United States · United States Congress · 25 June 2004
Federal Whistleblower Protection Tax Act of 2004 - Amends the Internal Revenue Code to exclude from gross income damages (other than punitive damages and lost income) and amounts awarded as attorney fees and costs for claims under Federal whistleblower provisions prohibiting the discharge of, or discrimination, retaliation, or reprisal against, an employee for asserting rights or taking permitted actions. Provides for the averaging of such lost income for income tax purposes.
United States · United States Congress · 23 June 2004
Health Care Choice Act - Amends the Public Health Service Act to provide that the laws of the primary State (as designated by the health insurance issuer) apply to individual health insurance coverage offered by that issuer both in the primary State and in any secondary State. Exempts health insurance issuers from any State law or regulation that would: (1) regulate the operation of the health insurance issuer in the secondary State, except for certain activities, including paying taxes and registering with the State insurance commissioner; (2) require any individual health insurance coverage issued by the issuer to be countersigned by an agent or broker residing in the secondary State; or (3) discriminate against the issuer issuing insurance in both primary and secondary States. Allows States to require brokers to obtain a license from that State, but not to impose any requirements that discriminate against nonresident brokers. Requires health insurance issuers offering coverage in more than one State to submit to the insurance commissioner of each State a copy of a plan of operation or a feasibility study, written notice of any change in designation of its primary State, and an annual financial statement. Declares that this Act does not affect the authority of Federal or State courts to enjoin the sale of health insurance coverage to any person or group who is not eligible for such insurance or by a health insurance issuer that is in hazardous financial conditions. Sets forth requirements for primary States. Gives sole jurisdiction to primary States to enforce the covered laws in primary and secondary States. Sets forth procedures for resolving disputes.
United States · United States Congress · 23 June 2004
Honors the following communities on receiving the National Civic League 2004 All-America City Award: Concord, North Carolina; Evansville, Indiana; Cottage Grove, Oregon; Spokane, Washington; Springfield, Ohio; Montevideo, Minnesota; Pembroke Pines, Florida; Stockton, California; Philippi, West Virginia; and Hidalgo, Texas.
United States · United States Congress · 21 June 2004
AMT Middle Class Fairness Act of 2004 - 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 · 21 June 2004
Congratulates David Scott Tidmarsh on his mastery of the English language, culminating in his correctly spelling "autochthonous" in Round 15, and becoming the 77th Annual Scripps National Spelling Bee champion.
![Official portrait of Rep. Hostettler, John N. [R-IN-8]](https://www.congress.gov/img/member/h000807_200.jpg)