United States · United States Congress · 3 May 2005
District of Columbia Fairness in Representation Act - Considers the District of Columbia as a congressional district for purposes of representation in the House of Representatives. Provides, until the taking effect of the first reapportionment occurring after the regular decennial census conducted for 2010, that: (1) the membership of the House shall be increased by two Members; and (2) each such Representative shall be in addition to such current membership; and (3) the State identified by the Clerk of the House in a specified report by the President to Congress shall be entitled to one additional Representative. Prohibits the temporary increase from: (1) increasing or decreasing the permanent membership of the House; (2) affecting the basis of reappointment established by Federal law; or (3) being taken into account in determining the number of electors with respect to the 2008 Presidential election. Amends the District of Columbia Delegate Act to eliminate the office of District of Columbia Delegate. Amends the District of Columbia Statehood Constitutional Convention Initiative of 1979 to eliminate the office of Statehood Representative.
United States · United States Congress · 28 April 2005
Medicare Ambulance Payment Reform and Rural Equity Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to: (1) revise ambulance payment rates; and (2) provide additional payments for providers furnishing ambulance services in rural areas. Directs the Secretary of Health and Human Services to review the system for adjusting payments for rural ambulance services to determine their adequacy and appropriateness. Amends SSA title XVIII with respect to a Secretary-specified uniform coding system identifying furnished ambulance services for purposes of a fee schedule. Directs the Secretary to establish a system or systems for the coding of claims for ambulance services for which payment is made, including a code set specifying the medical condition of the individual who is transported and the level of service that is appropriate for the transportation of an individual with that medical condition. Requires the code set to take into account the list of medical conditions developed in the course of the negotiated rulemaking process. (Current law authorizes the Secretary to require the claim for any ambulance services to include a code (or codes) under a uniform coding system specified by the Secretary, but does not require the establishment of such a coding system.)
United States · United States Congress · 28 April 2005
Business Activity Tax Simplification Act of 2005 - Expands the federal prohibition against state taxation of interstate commerce to: (1) include taxation of out-of-state transactions involving all forms of property, including intangible personal property and services (currently, only sales of tangible personal property are protected); and (2) prohibit state taxation of an out-of-state entity unless such entity has a physical presence in the taxing state. Sets forth criteria for determining that a person has a physical presence in a state.
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 · 26 April 2005
Amends the Endangered Species Act of 1973 (ESA) to prohibit the Secretary (the Secretary of the Interior or the Secretary of Commerce) from designating as critical habitat any habitat located within the high water mark of a water storage reservoir, water diversion structure, canal, or other artificial water delivery facility if such habitat is periodically created and destroyed as the result of water level fluctuations caused by operation of such facility. Requires the Secretary, in determining whether a Federal agency action is likely to result in the destruction or adverse modification of critical habitat, to consider the offsetting effects of habitat conservation measures proposed to be implemented as part of the action including the protection and management of certain alternative habitat. States that the requirement to minimize and mitigate the impact of an incidental taking shall be deemed satisfied if the Secretary finds that proposed minimization and mitigation measures are rationally related to the level of take under the conservation plan. Exempts operators of water storage reservoirs, water diversion structures, canals, or other artificial water delivery facilities from liability under ESA for any take of specified aquatic species that results from predation, competition, or other adverse effects attributable to non-native aquatic species introduced by another person into the river basin where the facility is located.
United States · United States Congress · 20 April 2005
Social Security Number Privacy and Identity Theft Prevention Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act (SSA) to: (1) specify restrictions on the sale and display to the general public of Social Security account numbers (SSNs) (or any derivatives) by Federal, State, and local governments and bankruptcy case trustees; (2) prohibit the display of SSNs (or any derivatives) on checks issued for payment by such governments; (3) prohibit the Federal, State, or local government display of SSNs (or any derivatives) on employee identification cards or tags (IDs); (4) prohibit access to the SSNs of other individuals by prisoners employed by Federal, State, or local governments; and (5) prohibit the selling, purchasing, or displaying of SSNs (with certain exceptions), or the obtaining or use of any individual's SSN to locate or identify such individual with the intent to physically injure or harm such individual or to use the individual's ID for any illegal purpose by any person. Subjects to the Fair Credit Reporting Act information regarding a consumer's SSN (and any derivative) (credit header information). Provides that any person who refuses to do business with an individual for refusing to disclose his or her SSN shall be considered to have committed an unfair or deceptive act or practice. Establishes civil and criminal penalties for violations of this Act, and enhanced penalties in cases of terrorism, drug trafficking, crimes of violence, or prior offenses.
United States · United States Congress · 20 April 2005
Investment in America Act of 2005 - Amends the Internal Revenue Code to: (1) make permanent the tax credit for increasing research activities; (2) increase the rates of the alternative incremental tax credit for research expenses; and (3) permit a taxpayer election of an alternative simplified tax credit for research expenses.
United States · United States Congress · 20 April 2005
FERS Redeposit Act - Allows each Federal employee who has returned to Government service and who has received a refund of retirement contributions under the Federal Employees' Retirement System (FERS) (or any other retirement system established for Federal employees covering service for which such employee or Member may be allowed credit under FERS provisions) to deposit (to the credit of the Civil Service Retirement and Disability Fund) the amount that was so received, with interest. Allows deposits in one or more installments. Disallows the recapture of credit for service covered by the refund until such a deposit is made.
United States · United States Congress · 14 April 2005
Access to Legal Pharmaceuticals Act - Amends the Public Health Service Act to require any pharmacy receiving prescription drugs or prescription devices in interstate commerce to: (1) ensure that any in stock prescription that one pharmacist refuses to fill on the basis of a personal belief is filled by another pharmacist employed by the pharmacy without delay; (2) ensure that any individual who presents a prescription for an item that is not in stock which one pharmacist refuses to order on the basis of a personal belief is immediately informed that the product can be ordered by the pharmacy and to order such product without delay; and (3) not employ any pharmacist who engages in any conduct with the intent to prevent or deter an individual from filling a valid prescription, including refusing to return a prescription form, refusing to transfer a prescription, or subjecting the individual to humiliation or harassment. Provides that this Act does not require the pharmacy to keep any particular product in stock nor does it apply with respect to a product for a health condition if the pharmacy does not keep in stock any product for such condition. Sets forth civil penalties. Allows a private cause of action for a violation of this 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
Investment Tax Simplification Act of 2005 - Makes permanent the reduction in individual capital gains tax rates enacted by the Jobs and Growth Tax Relief Reconciliation Act of 2003. Amends the Internal Revenue Code to reduce the maximum capital gains tax rates for individuals and corporations.
United States · United States Congress · 6 April 2005
Directs the Secretary of the Interior to make grants and create a program within the National Park Service to support and work in partnership with citizens, governmental and tribal organizations, educational institutions, and nonprofit organizations for the purpose of identifying, protecting, and acquiring historic confinement sites where Japanese Americans were detained during World War II in order to gain inspiration from these sites and to demonstrate the Nation's commitment to equal justice. Directs the Secretary, in consultation with the Japanese American National Heritage Coalition, to make grants to citizens, States, local, and tribal governments, other public entities, educational institutions, and private nonprofit organizations to assist in carrying out the actions described above. Provides for the Secretary to require a 25 percent non-Federal match for funds provided under this Act. Terminates the force and effect of this Act two years after the disbursement to grantees of the total amount of funds authorized to be appropriated under this Act.
United States · United States Congress · 5 April 2005
Services for Ending Long-Term Homelessness Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Administrator of Substance Abuse and Mental Health Services Administration, to design national strategies for providing services in supportive housing that will assist in ending chronic homelessness and to implement programs that address chronic homelessness. Requires the Secretary to make matching grants to eligible entities to provide services that promote recovery and self-sufficiency and that address barriers to housing stability to chronically homeless individuals in, or who are scheduled to become residents of, permanent supportive housing and to other individuals and families who have voluntarily chosen to seek other housing opportunities after a period of tenancy in supportive housing. Directs the Secretary to require grantees to report data regarding the performance outcomes of projects carried out under this Act, which shall include measuring and reporting specific performance outcomes related to the long-term goals of: (1) increasing stability within the community for people who have been chronically homeless; and (2) decreasing recurrence of periods of homelessness.
United States · United States Congress · 17 March 2005
Paul Wellstone Mental Health Equitable Treatment Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act to prohibit a group health plan or group health coverage that provides both medical and surgical benefits and mental health benefits from imposing treatment limitations or financial requirements on the mental health benefits unless comparable limitations or requirements are imposed on medical and surgical benefits. Excludes such requirements for plans and coverage for small employers. Allows a plan or coverage that provides in-network mental health benefits to provide out-of-network mental health benefits using treatment limitations or financial requirements that are not comparable to those applied to medical-surgical benefits if the in-network mental health benefits are provided at parity with medical-surgical benefits and with reasonable access. Requires the Government Accountability Office (GAO) to: (1) study the effects of this Act on health insurance costs and access and quality of health care; and (2) provide a cost estimation of extending such requirements to the treatment of substance abuse and chemical dependency.
United States · United States Congress · 16 March 2005
Expresses the sense of Congress that the United States should establish an international education policy to foster mutual understanding among nations, promote a world free of terrorism, further U.S. foreign policy and national security, and enhance U.S. leadership in the world. Sets forth objectives of such policy.
United States · United States Congress · 15 March 2005
Small Community Options for Regulatory Equity Act of 2005 - Amends the Safe Drinking Water Act to require States exercising primary enforcement responsibility for public water systems to exempt any nonprofit small public water system (serving 10,000 or fewer persons) that so requests in accordance with this Act from the requirements of any national primary drinking water regulation for naturally occurring contaminants, including arsenic, radon, radium, uranium, and specified disinfection byproducts. Requires exemption requests to include a finding that the system's compliance with applicable national primary drinking water regulations is not economically feasible. Precludes judicial or administrative review of such findings.
United States · United States Congress · 15 March 2005
Constitutional Amendment - States that equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.
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
Arizona Trail Feasibility Study Act - Amends the National Trails System Act to direct the Secretary of the Interior and the Secretary of Agriculture to conduct a joint study of the feasibility of designating the Arizona Trail as a national scenic trail or a national historic trail.
United States · United States Congress · 10 March 2005
Veterans' Compensation Cost-of-Living Adjustment Act of 2005 - Directs the Secretary of Veterans Affairs to increase, as of December 1, 2005, the rates of veterans' disability compensation, additional compensation for dependents, the clothing allowance for certain disabled adult children, and dependency and indemnity compensation for surviving spouses and children. Requires each such increase to be the same percentage as the increase in benefits provided under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act, on the same effective date. Codifies under veterans' disability compensation provisions the increases to such compensation provided under the Veterans' Compensation Cost-of-Living Adjustment Act of 2004.
United States · United States Congress · 10 March 2005
Genetic Information Nondiscrimination Act of 2005 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act to expand the prohibition against discrimination by group health plans and health insurance issuers in the group and individual markets on the basis of genetic information or services to prohibit: (1) enrollment and premium discrimination based on information about a request for or receipt of genetic services; and (2) requiring genetic testing. Sets forth penalties for violations. Amends title XVIII (Medicare) of the Social Security Act to prohibit issuers of Medicare supplemental policies from discriminating on the basis of genetic information. Extends medical privacy and confidentiality rules to the disclosure of genetic information. Makes it an unlawful employment practice for an employer, employment agency, labor organization, or training program to discriminate against an individual or deprive such individual of employment opportunities because of genetic information. Prohibits the collection and disclosure of genetic information, with certain exceptions. Establishes a Genetic Nondiscrimination Study Commission to review the developing science of genetics and advise Congress on the advisability of providing for a disparate impact cause of action under this Act.
United States · United States Congress · 10 March 2005
Protecting Our Children from Violence Act of 2005 - Directs the Attorney General, upon request of the chief executive of a State, to ensure that a covered State social services officer has the authority for online access to the Federal Bureau of Investigation's National Crime Information Center (NCIC) databases and the Interstate Identification Index to carry out criminal history records checks. Limits such authority to a check of an individual who: (1) resided with a minor at the time of an actual or alleged incident of abuse or neglect of that minor, or at the time during which such an incident may have occurred; or (2) is the subject of an investigation relating to an incident of abuse or neglect of a minor. Requires the Attorney General to ensure that such an officer has the authority for "read only" electronic access to the NCIC databases for the purpose of carrying out checks of records relating to missing persons or warrants. Directs such officer to use access only for an investigation relating to a missing child and to share any information obtained with appropriate Federal, State, and local law enforcement agencies. Directs the Attorney General to ensure that the Case Analysis Division, the Missing Children's Division, and the Exploited Child Unit of the National Center for Missing and Exploited Children each have access to the Index, subject to specified limitations. Limits the release of information. Sets criminal penalties for knowingly releasing information in violation of this Act.
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 · 3 March 2005
Repeals the continued dumping and subsidy offset under the Tariff Act of 1930. Requires all amounts remaining, upon the enactment of this Act, in any special account established under such Act (as in effect on the day before the enactment of this Act) to be deposited in the general fund of the Treasury.
United States · United States Congress · 3 March 2005
Methamphetamine Reduction Act of 2005 - Requires ephedrine alkaloids, including ephedrine and pseudoephedrine, to be listed in schedule V (drugs or other substances having a low potential for abuse, that have a currently accepted medical use in treatment in the United States, abuse of which may lead to limited physical or psychological dependence) of the Controlled Substances Act. Excepts ephedrine alkaloid when contained in a drug that: (1) is marketed or distributed lawfully in the United States under the Federal Food, Drug, and Cosmetic Act; and (2) cannot be easily used in the illicit production of methamphetamine. Provides that an ephedrine alkaloid when so contained shall be considered a listed chemical.
United States · United States Congress · 2 March 2005
Military Readiness Enhancement Act of 2005 - Repeals current Department of Defense (DOD) policy concerning homosexuality in the Armed Forces. Prohibits the Secretary of Defense, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, from discriminating on the basis of sexual orientation against any member of the Armed Forces or any person seeking to become a member. Authorizes the re-accession into the Armed Forces of otherwise qualified individuals previously separated for homosexuality, bisexuality, or homosexual conduct. Requires such Secretaries to ensure that regulations governing the personal conduct of members of the Armed Forces are written and enforced without regard to sexual orientation.
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
Critical Access to Clinical Lab Services Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide that clinical diagnostic laboratory services furnished by a critical access hospital shall be treated as being furnished as part of outpatient critical access services without regard to whether: (1) the individual for whom the services are furnished is physically present in the critical access hospital at the time the specimen is collected; (2) such individual is registered as an outpatient on the records of, and receives such services directly from, the critical access hospital; or (3) payment is available for such services under the fee schedule established for clinical diagnostic laboratory tests.
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
Bipartisan Commission on Medicaid Act of 2005 - Establishes the Bipartisan Commission on Medicaid to review: (1) each of Medicaid's major functional responsibilities; (2) issues that either threaten or improve the long-term financial condition of Medicaid; (3) Federal and State policies for Medicaid and Medicare enrollment (including enrollment sites), income eligibility, outreach, and documentation; (4) the operation and effectiveness of Medicaid premium assistance programs; and (5) Medicaid payment policies.
United States · United States Congress · 17 February 2005
Long-Term Care Act of 2005 - Amends the Internal Revenue Code to exclude from gross income distributions from an individual retirement account and other tax-exempt retirement plans used to pay long-term care insurance premiums.
United States · United States Congress · 17 February 2005
Humanitarian Assistance Code of Conduct Act of 2005 - Prohibits the obligation of specified funds for foreign operations, export financing, and related programs to an organization that fails to adopt a code of conduct (consistent with six specified core principles of the United Nations (UN) Inter-Agency Standing Committee Task Force on Protection From Sexual Exploitation and Abuse in Humanitarian Crises) that provides for the protection of beneficiaries of assistance from sexual exploitation and abuse in humanitarian relief operations.
United States · United States Congress · 17 February 2005
Tariff Relief Assistance for Developing Economies Act of 2005 (TRADE Act of 2005) - Authorizes the President to designate Afghanistan, Bangladesh, Bhutan, Cambodia, Kiribati, Lao People's Democratic Republic, Maldives, Nepal, Samoa, Solomon Islands, Timor-Leste (East Timor), Tuvalu, Vanuatu, Yemen, and Sri Lanka or their successor political entities as TRADE Act of 2005 beneficiary countries eligible to receive duty-free treatment for certain articles that are the growth, product, or manufacture of such countries, if after receiving the advice of the International Trade Commission (ITC) the President determines that such articles are not import-sensitive in the context of imports from such countries. Basis such designation upon eligibility requirements of the African Growth and Opportunity Act (AGOA) and theTrade Act of 1974. Prescribes the rule of origin for such articles for the duty-free treatment. Applies duty-free treatment, without any quantitative limitations, and under certain conditions, to textile and apparel articles assembled in one or more TRADE Act of 2005 beneficiary countries, apparel articles from regional fabric or yarns, and sweaters knit-to-shape from cashmere or merino wool that are imported directly into the U.S. customs territory from TRADE Act of 2005 beneficiary countries if the countries have satisfied AGOA protections against transshipment requirements. Applies duty-free treatment for apparel articles assembled in one or more TRADE Act of 2005 beneficiary countries if their assembly meets specified U.S. origin requirements. Establishes: (1) limitations on such preferential treatment; and (2) special rules for apparel articles wholly assembled in one or more TRADE Act of 2005 beneficiary countries or former beneficiary countries (or both) regardless of the country of origin of the yarn or fabric used to make such articles; and (3) applicable percentages of such benefits. Applies the AGOA surge mechanism (requiring the Secretary of Commerce to monitor imports of apparel articles from regional fabric or yarns and to make certain determinations) with respect to the preferential treatment extended to TRADE Act of 2005 beneficiary countries. Grants duty-free treatment to certain sweaters knit-to-shape from cashmere or merino wool and other specified apparel articles.
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 · 15 February 2005
Stem Cell Research Enhancement Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to conduct and support research that utilizes human embryonic stem cells, regardless of the date on which the stem cells were derived from a human embryo. Limits such research to stem cells that meet the following ethical requirements: (1) the stem cells were derived from human embryos donated from in vitro fertilization clinics for the purpose of fertility treatment and were in excess of the needs of the individuals seeking such treatment; (2) the embryos would never be implanted in a woman and would otherwise be discarded; and (3) such individuals donate the embryos with written informed consent and receive no financial or other inducements.
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
Animal Fighting Prohibition Enforcement Act of 2005 - Amends the Federal criminal code to prohibit: (1) sponsoring or exhibiting a bird in a fighting venture in a State where it would not otherwise be in violation of the law, only if the person knew that any bird in the venture was knowingly bought, sold, delivered, transported, or received in interstate or foreign commerce for such purpose; or (2) knowingly sponsoring or exhibiting in an animal fighting venture any other animal that was moved in interstate or foreign commerce. Prohibits knowingly: (1) selling, buying, transporting, delivering, or receiving, for purposes of transportation in interstate or foreign commerce, any dog or other animal to participate in an animal fighting venture; (2) using interstate mail service for commercial speech promoting an animal fighting venture except as performed outside the limits of the States (with an exception for bird fights in States whose laws allow them); or (3) selling, buying, transporting, or delivering in interstate or foreign commerce a knife, gaff, or other sharp instrument to be attached to the leg of a bird for use in an animal fighting venture. Increases the penalties to a fine and up to two years' imprisonment for violations.
United States · United States Congress · 14 February 2005
Colorado River Indian Reservation Boundary Correction Act - Declares that the boundaries of the Colorado River Indian Reservation are the boundaries delineated by the Robbins Survey of 1875 and affirmed by the Harrington Resurvey of 1912 (which include 16,000 acres known as the La Paz lands). Restores to the Reservation all right, title, and interest of the United States to those lands within such boundaries that were excluded from the Reservation pursuant to Executive Order No. 2273 (November 22, 1915), which shall be held in trust by the United States on behalf of the Colorado River Indian Tribes. (Excludes from such restored lands specified Arizona State Lands.) Declares that land taken into trust under this Act shall neither be considered to have been taken into trust for gaming nor be used for gaming.
United States · United States Congress · 14 February 2005
Designates the segment of Interstate Route 86 between its interchange with New York State Route 15 in the vicinity of Painted Post, New York, and its interchange with New York State Route 352 in the vicinity of Corning, New York, as the "Amo Houghton Bypass."
United States · United States Congress · 10 February 2005
Resuming Education After Defense Service Act of 2005 - Makes eligible for basic educational assistance under the Montgomery GI Bill a member of the Selected Reserve who (among other qualifications), during the period beginning on September 11, 2001, and ending on December 31, 2006, serves on active duty in the Armed Forces for one or more periods aggregating not less than two years. Entitles such individuals to one month of educational assistance for each month served on active duty. Makes the amount of such assistance equivalent to that provided for active-duty personnel who have served a minimum of two years of active duty. Requires the basic pay of qualifying members to be reduced by $100 for each of first 12 months of such active duty service. Requires the Secretaries of the military departments concerned to inform eligible Selected Reserve personnel of such entitlement.
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 · 2 February 2005
ASU/MCCCD Land Conveyance Act - Directs the Secretary of Education to release, without consideration, the reversionary interests retained by the United States and all other terms, conditions, reservations, and restrictions imposed, in connection with the conveyance of portions of former Williams Air Force Base, Arizona, to Arizona State University and Maricopa County Community College District under the authority of the February 1995 Record of Decision for the disposal of excess Federal property at that installation.
United States · United States Congress · 2 February 2005
Help Efficient, Accessible, Low Cost, Timely Healthcare (HEALTH) Act of 2005 -Sets forth provisions regulating lawsuits for health care liability claims concerning the provision of health care goods or services or any medical product affecting interstate commerce. Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions. Provides that nothing in this Act limits recovery of the full amount of available economic damages. Limits noneconomic damages to $250,000. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a decreasing percentage based on the increasing value of the amount awarded. Prescribes qualifications for expert witnesses. Allows the introduction of collateral source benefits and the amount paid to secure such benefits as evidence. Prohibits a provider of such benefits from recovering any amount from an award in a health care lawsuit involving injury or wrongful death. Authorizes the award of punitive damages only where: (1) it is proven by clear and convincing evidence that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury the claimant was substantially certain to suffer; and (2) compensatory damages are awarded. Limits punitive damages to the greater of two times the amount of economic damages or $250,000. Limits the liability of manufacturers, distributors, suppliers, and providers of medical products that comply with Food and Drug Administration (FDA) standards. Provides for periodic payments of future damage awards.
United States · United States Congress · 2 February 2005
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
State Criminal Alien Assistance Program Reauthorization Act of 2005 - Amends the Immigration and Nationality Act to authorize specified appropriations through FY 2011 for the State Criminal Alien Assistance Program.
United States · United States Congress · 1 February 2005
United States-Mexico Transboundary Aquifer Assessment Act - Establishes a United States-Mexico transboundary aquifer assessment program to characterize, map, and model groundwater resources along the border. Describes as the program's objectives to: (1) develop an integrated approach to assess transboundary groundwater resources, including identifying fresh and saline aquifers, prioritizing the aquifers for further analysis, and creating a geographic information system database for each priority aquifer; (2) expand existing agreements between the U.S. Geological Survey, the Border States (Arizona, California, New Mexico, and Texas), the Water Resources Research Institutes, and appropriate U.S. and Mexican authorities to conduct joint scientific investigations and archive and share relevant data; and (3) produce scientific products for each priority aquifer to provide water managers and natural resource agencies with necessary information. Designates as priority transboundary aquifers the: (1) Hueco Bolson and Mesilla aquifers; (2) Santa Cruz River Valley aquifers; and (3) San Pedro aquifers. Requires the Secretary of the Interior to: (1) develop partnerships with relevant organizations in Mexico; and (2) coordinate activities with water resource agencies in the Border States and affected Indian tribes. Prohibits the Secretary from initiating any field studies before consulting and coordinating with the Border State water resource agency with jurisdiction over the aquifer. Authorizes the Secretary to make grants and enter into cooperative agreements with water resource agencies and Border States to carry out the program.
![Official portrait of Rep. Kolbe, Jim [R-AZ-8]](https://www.congress.gov/img/member/k000306_200.jpg)