United States · United States Congress · 3 March 2005
Declares the sense of the House of Representatives that if the Government of Japan continues to delay in meeting its obligations under the understanding reached with the United States on October 23, 2004, to resume beef imports from the United States, the U.S. Trade Representative should immediately impose retaliatory economic measures on Japan.
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
Local Emergency Radio Service Preservation Act of 2005 - Directs the Federal Communications Commission (FCC) to revise its regulations to provide that digital audio radio satellite service (DARSS): (1) licensees shall not provide services that are locally differentiated or that result in programming being delivered to consumers in one geographic market that is different from programming delivered in any other geographic market; and (2) repeaters shall be restricted to simultaneously retransmitting the programming transmitted by satellite directly to DARSS subscribers' receivers. Requires the FCC to complete a rulemaking proceeding to determine whether DARSS licensees should be permitted to provide locally oriented services on nationally distributed channels, taking into account, among other things, the ability of such licensees to afford listeners the same emergency and other information as is afforded listeners of local broadcast stations.
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
Combat Military Medically Retired Veteran's Fairness Act of 2005 - Authorizes the payment of special compensation to members of the Armed Forces retired due to disability with less than 20 years of active service who were awarded the Purple Heart. States that such payments shall be made without regard to special rules applicable to other disability retirees which require offsetting reductions.
United States · United States Congress · 1 March 2005
Chiropractic Health Parity for Military Beneficiaries Act - Directs the Secretary of Defense, no later than August 31, 2005, to complete development of a plan to provide chiropractic health care services and benefits, as a permanent part of the TRICARE program (a Department of Defense managed health care program), for covered beneficiaries. Requires plan implementation by January 31, 2006.
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
Amends Federal provisions relating to the military Survivor Benefit Plan (SBP) to change from October 1, 2008, to October 1, 2005, the effective date on or after which no reduction may be made in the retired pay of an SBP participant for any month after the later of: (1) the 360th month for which such pay was so reduced; and (2) the month during which the participant attains 70 years of age.
United States · United States Congress · 17 February 2005
Supporting Emergency Responders Volunteer Efforts Act of 2005 or the SERVE Act of 2005 - Amends the Internal Revenue Code to establish a $1,000 refundable tax credit for bona-fide volunteer members of a qualified volunteer fire department (an organization providing firefighting or emergency medical services). Prorates the credit for part-year active members.
United States · United States Congress · 17 February 2005
Stroke Treatment and Ongoing Prevention Act - Amends the Public Health Service Act to direct the Secretary of Health and Human Services to carry out a national education campaign to promote stroke prevention and increase the number of stroke patients who seek immediate treatment. Requires the Secretary, acting through the Centers for Disease Control (CDC), to maintain the Paul Coverdell National Acute Stroke Registry and Clearinghouse by collecting specific data points and benchmarks for stroke care analysis and by compiling and disseminating information on State, local, and private care system achievements and problems. Defines "stroke" as an attack in which blood flow to the brain is interrupted or in which a blood vessel or aneurysm in the brain breaks or ruptures. Includes stroke and traumatic injury prevention, diagnosis, and treatment within the grant program for emergency medicine residency training. Authorizes the Secretary, through the Administrator of the Health Resources and Services Administration (HRSA), to make grants to qualified entities for education programs for health care professionals in the use of diagnostic approaches, technologies, and therapies for stroke and traumatic injury prevention, diagnosis, treatment, and rehabilitation. Gives preference to qualified entities that will train professionals that serve areas with a significant incidence of stroke or traumatic injuries. Authorizes the Secretary, through the Director of the Office for the Advancement of Telehealth, to make up to seven grants to States and to consortia of public and private entities in any non-grantee State to conduct a five-year pilot project to improve stroke patient outcomes by coordinating health care through telehealth networks.
United States · United States Congress · 17 February 2005
Mailing Support to Troops Act of 2005 - Authorizes free mailing privileges for mail matter sent by a family member from within an area served by a U.S. post office to members of the Armed Forces on active duty in Iraq or Afghanistan, or hospitalized at an Armed Forces facility as a result of such service.
United States · United States Congress · 17 February 2005
Agricultural Job Opportunities, Benefits, and Security Act of 2005 - Directs the Secretary of Homeland Security to grant qualifying alien agricultural workers (and their spouses and minor children) temporary resident status and subsequently lawful permanent resident status upon the fulfillment of specified agricultural work and residency requirements. Sets forth provisions with respect to: (1) adjustment of status applications, including penalties for false statements; (2) the waiver of numerical limitations and certain grounds for inadmissibility; (3) the temporary stay of removal and work authorization; (4) administrative and judicial review; and (5) dissemination of program information. Amends the Social Security Act to provide for the correction of such aliens' social security records. Amends the Immigration and Nationality Act to set forth application requirements for H-2A (temporary agricultural worker) employers and employer associations, including assurances: (1) that the job opportunity is temporary or seasonal and is not the result of a labor dispute; (2) that attempts have been made to hire U.S. workers; and (3) respecting required wages and benefits and compliance with labor laws. Sets forth employment requirements with respect to H-2A worker wages, housing, and transportation reimbursement. Establishes the Commission on Agricultural Wage Standards under the H-2A program. Revises provisions respecting the admission and extension of stay of H-2A workers. Provides special rules for alien sheepherders. Sets forth worker protection and labor standards enforcement provisions for such aliens.
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
Medicare Access to Rehabilitation Services Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to repeal the outpatient therapy cap.
United States · United States Congress · 17 February 2005
Calling for 2-1-1 Act of 2005 - Directs the Secretary of Health and Human Services to award a grant to each State to carry out a program for making available throughout that State the 2-1-1 telephone service for information and referral on health and human services, including volunteer services. Requires a participating State to ensure that at least 50 percent of the resources of the program funded by the grant will be derived from other sources. Requires a State seeking a grant to carry out its activities through a lead entity to be known as a 2-1-1 Collaborative. Requires grant amounts to be used solely to make available to a State 2-1-1 telephone service for community information and referral on human services to all citizens of that State with phone access, including telephone connections between families and individuals seeking services and the service providers. Requires grant recipients to: (1) abide by the Key Standards for 2-1-1 Centers; and (2) collaborate with human service organizations to provide an exhaustive database of services with which to provide information or referral to individuals utilizing the 2-1-1 service.
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
Teacher Tax Credit Act of 2005 - Amends the Internal Revenue Code to allow an eligible educator an annual $2,000 tax credit. Defines: (1) "eligible educator" as an individual who is a kindergarten through grade 12 teacher, instructor, counselor, principal, or aide in an eligible elementary or secondary school for at least 900 hours during a school year; and (2) "eligible elementary or secondary school" as a school that is eligible for schoolwide assistance under the Elementary and Secondary Education Act of 1965.
United States · United States Congress · 17 February 2005
Child Protection and Home Safety Act of 2005 - Amends the Internal Revenue Code to allow a nonrefundable tax credit for up to 25 percent of the cost of a qualified residential gun safe. Defines "qualified residential gun safe" as a container not intended for the display of firearms which is specifically designed to store or safeguard firearms from unauthorized access and which meets established performance standards. Limits the amount of such credit to $250.
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
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
Military Surviving Spouses Equity Act - Repeals, as of the later of October 1, 2005, or the date of enactment of this Act, certain provisions which require the offset of amounts paid in dependency and indemnity compensation from Survivor Benefit Plan (SBP) annuities for the surviving spouses of former military personnel who are entitled to military pay or who would be entitled to retired pay except for being under 60 years of age. Provides for the recoupment of certain amounts previously paid to SBP recipients in the form of a retired pay refund.
United States · United States Congress · 15 February 2005
Animal Fighting Prohibition Enforcement Act of 2005 - Amends the Federal criminal code to prohibit: (1) sponsoring or exhibiting a bird in a fighting venture in a State where it would not otherwise be in violation of the law, only if the person knew that any bird in the venture was knowingly bought, sold, delivered, transported, or received in interstate or foreign commerce for such purpose; or (2) knowingly sponsoring or exhibiting in an animal fighting venture any other animal that was moved in interstate or foreign commerce. Prohibits knowingly: (1) selling, buying, transporting, delivering, or receiving, for purposes of transportation in interstate or foreign commerce, any dog or other animal to participate in an animal fighting venture; (2) using interstate mail service for commercial speech promoting an animal fighting venture except as performed outside the limits of the States (with an exception for bird fights in States whose laws allow them); or (3) selling, buying, transporting, or delivering in interstate or foreign commerce a knife, gaff, or other sharp instrument to be attached to the leg of a bird for use in an animal fighting venture. Increases the penalties to a fine and up to two years' imprisonment for violations.
United States · United States Congress · 15 February 2005
Retirement Security for Life Act of 2005 - Amends the Internal Revenue Code to allow an exclusion from gross income for 50 percent of the amount otherwise includible in gross income as guaranteed payments from certain annuity or life insurance contracts. Limits the amount of such exclusion to $20,000 in any taxable year. Provides for an inflation adjustment of the $20,000 limitation beginning in 2007.
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 · 14 February 2005
Condemns the February 14, 2005, terrorist bombing in Beirut, Lebanon, that killed former Lebanese Prime Minister Rafik Hariri and killed and wounded others. Extends condolences to the families of the victims and to the people of Lebanon. Recognizes the significant contributions Rafik Hariri made during his lifetime. Reaffirms the right of the people of Lebanon to choose their leaders free from intimidation, terror, and foreign occupation in accordance with United Nations (UN) Security Council Resolution 1559. Urges the international community to facilitate any investigation into this terrorist attack.
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
Abraham Lincoln Bicentennial 1-Cent Coin Redesign Act - Directs the Secretary of the Treasury, during 2009, to issue one-cent coins with the reverse side bearing four different designs representing different aspects of the life of Abraham Lincoln. Requires the design of the reverse side, after 2009, to bear an image emblematic of President Lincoln's preservation of the United States of America as a single and united country.
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 · 9 February 2005
Agricultural Export Facilitation Act of 2005 - Amends the Trade Sanctions Reform and Export Enhancement Act of 2000 (TSREEA of 2000) to require the Secretary of the Treasury to authorize, under a general license, certain travel-related transactions specified in the Code of Federal Regulations, for travel to, from, or within Cuba in connection with activities undertaken in connection with sales and marketing, including the organization and participation in product exhibitions, and the transportation by sea or air of products pursuant to this Act. Expresses the sense of Congress that the Secretary of State should issue visas for temporary entry into the United States of Cuban nationals whose itinerary documents an intent to conduct activities, including phytosanitary inspections, related to purchasing U.S. agricultural goods under the provisions of TSREEA of 2000. Prohibits the President from restricting direct transfers from a Cuban financial institution to a U.S. financial institution executed in payment for a product authorized for sale under TSREEA of 2000. Repeals the ban in the Department of Commerce and Related Agencies Appropriations Act, 1999 on certain transactions with respect to intellectual property in which the Cuban Government or a Cuban national has an interest regarding a mark or trade or commercial name that is the same as or substantially similar to one that was used in connection with a business or assets that were confiscated, unless the original owner or successor-in-interest has expressly consented. Requires the Secretary of the Treasury to amend the Cuban Asset Control regulations to authorize under general license the transfer or receipt of any trademark or trade name subject to U.S. law in which a designated national has an interest.
United States · United States Congress · 9 February 2005
Amends title XIX (Medicaid) of the Social Security Act to include podiatrists as physicians in order to cover their services under the Medicaid program.
United States · United States Congress · 8 February 2005
Teacher Recruitment and Retention Act of 2005 - Amends the Teacher-Taxpayer Protection Act of 2004 to make applicable to all eligible teachers in mathematics, science, and special education certain additional amounts of student loan forgiveness. (Current law makes such additional amounts applicable only with respect to those who are new borrowers on or after October 1, 1998, and before October 1, 2005.) Amends the Higher Education Act of 1965 to treat certain speech-language pathologists as special education teachers for purposes of student loan forgiveness, under both the Federal Family Education Loan program and the William D. Ford Federal Direct Loan program.
United States · United States Congress · 8 February 2005
Designates Poland as a program country for purposes of the Immigration and Nationality Act's visa waiver program, notwithstanding designation requirements of current law.
United States · United States Congress · 8 February 2005
Notch Fairness Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act with respect to the benefit computation formula for individuals affected by the changes in benefit computation rules enacted in the Social Security Amendments of 1977 who reached age 65 after 1979 and before 1989. Sets forth a schedule of additional benefit increases for such beneficiaries (and related beneficiaries), with percentages declining from 55 percent to five percent keyed to the year an individual became eligible for such benefits between 1979 and 1989. Provides for an election to receive such payments in a lump sum.
United States · United States Congress · 8 February 2005
Amends Federal provisions concerning the National Guard Youth Challenge Program (a civilian youth opportunities program conducted by the Secretary of Defense) to provide a maximum Federal matching funds level of 60 percent of the costs of operating the State program during FY 2005, 65 percent during FY 2006, 70 percent during FY 2007, and 75 percent during FY 2008 and beyond.
United States · United States Congress · 8 February 2005
Amends Federal transportation law to allow an operator of a property-carrying commercial motor vehicle to operate the vehicle and perform other work-related activities at the end of the 14th hour of the driver's tour of duty, for the period of time the operator has been off duty during the 14-hour period, not to exceed a total of 16 hours.
United States · United States Congress · 2 February 2005
Voter Confidence and Increased Accessibility Act of 2005 - Amends the Help America Vote Act of 2002 with respect to: (1) voter verification and mandatory paper record audit capacity; and (2) accessibility and voter verification of results for individuals with disabilities. Requires the Election Assistance Commission to study, test, and develop best practices to enhance the accessibility of voter-verification mechanisms for individuals with disabilities and for voters whose primary language is not English, including best practices for the mechanisms themselves and the process through which the mechanisms are used. Outlines additional voting system requirements. Requires laboratories to meet standards prohibiting conflicts of interest as a condition of accreditation for the testing of voting system hardware and software. Provides for the filing of complaints by aggrieved persons with the Attorney General. Extends the authorization of Election Assistance Commission permanently. Makes available additional funding to enable States to meet the costs of the requirements imposed by this Act. Directs the Election Assistance Commission to conduct random, unannounced, hand counts of the voter-verified records for each Federal general election in at least two percent of the precincts in each State. Requires Federal certification of the technological security of voter registration lists.
United States · United States Congress · 2 February 2005
Free Flow of Information Act of 2005 - Prohibits Federal entities from compelling covered persons (specified media outlets or their employees) to testify or produce any document unless a court determines by clear and convincing evidence that: (1) the entity has unsuccessfully attempted to obtain such testimony or document from all non-covered persons; and (2) in a criminal matter, based on information from a non-covered person, there are reasonable grounds to believe a crime has occurred and the testimony or document is essential to the investigation, prosecution, or defense; or (3) in a non-criminal matter, based on information from a non-covered person, the testimony or document is essential to a dispositive issue of substantial importance. Requires the content of compelled testimony or documents to be: (1) limited to the purpose of verifying published information; and (2) narrowly tailored in subject matter and time period covered. Excludes certain commercial or financial information from coverage under this Act. Prohibits compelled disclosure, notwithstanding this Act's conditions for such disclosure, of: (1) the identity of a confidential source; or (2) information reasonably expected to lead to the discovery of such identity. Makes this Act applicable to testimony or documents sought from third parties that are related to business transactions with covered persons. Authorizes compelled disclosure in such cases only where the covered person has received notice and an opportunity to be heard. States that publication or dissemination of testimony or documents does not waive the requirements for compelled disclosure set forth in this Act.
United States · United States Congress · 2 February 2005
Guard and Reserve Readiness and Retention Act of 2005 - Makes an individual eligible for retired pay for non-regular (reserve) military service if such individual: (1) satisfies one of specified combinations of minimum age (between 53 and 60) and years of service (between 20 and 34); (2) performed the last six years of qualifying service in currently authorized categories of military service, but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve; and (3) is not entitled to any other retirement pay from an armed force or as a member of the Fleet Reserve or Fleet Marine Corps Reserve. Authorizes a member of the Selected Reserve to enroll for self or self and family coverage under the TRICARE program (a Department of Defense managed health care program).
United States · United States Congress · 2 February 2005
Help Efficient, Accessible, Low Cost, Timely Healthcare (HEALTH) Act of 2005 -Sets forth provisions regulating lawsuits for health care liability claims concerning the provision of health care goods or services or any medical product affecting interstate commerce. Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions. Provides that nothing in this Act limits recovery of the full amount of available economic damages. Limits noneconomic damages to $250,000. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a decreasing percentage based on the increasing value of the amount awarded. Prescribes qualifications for expert witnesses. Allows the introduction of collateral source benefits and the amount paid to secure such benefits as evidence. Prohibits a provider of such benefits from recovering any amount from an award in a health care lawsuit involving injury or wrongful death. Authorizes the award of punitive damages only where: (1) it is proven by clear and convincing evidence that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury the claimant was substantially certain to suffer; and (2) compensatory damages are awarded. Limits punitive damages to the greater of two times the amount of economic damages or $250,000. Limits the liability of manufacturers, distributors, suppliers, and providers of medical products that comply with Food and Drug Administration (FDA) standards. Provides for periodic payments of future damage awards.
United States · United States Congress · 2 February 2005
Keep Our Promise to America's Military Retirees Act - Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to provide Federal Employees Health Benefits (FEHB) coverage to the following eligible beneficiaries: (1) a member or former member of the Armed Forces entitled to military retired or retainer pay; (2) an unremarried former spouse who was married to a member for at least 20 years, during which such member performed at least 20 years of retirement-creditable military service; (3) a dependent of a deceased qualifying member or former member; (4) a dependent of a living member or former member; and (5) a family member. Directs the Secretary to reimburse such eligible persons for pharmacy benefits received from a pharmacy that is not a TRICARE (Department of Defense managed health care plan) network pharmacy in the same manner as the Secretary would reimburse such person for such benefits received from a TRICARE network pharmacy. Requires such persons, in order to receive such reimbursement, to submit a certification from their physician stating that the person does not have access to a TRICARE network pharmacy due to physical or medical constraints. Amends title XVIII (Medicare) of the Social Security Act to waive the monthly part B premium (Supplementary Medical Insurance Benefits for the Aged and Disabled) with respect to: (1) an individual who is entitled to military retired or retainer pay based upon service that began before December 7, 1956; and (2) the spouse, widow, or widower of such individuals.
United States · United States Congress · 2 February 2005
Amends the National Highway System Designation Act of 1995 to remove from the Secretary of Transportation's authority to determine by rule whether an exemption is not in the public interest the current exemption of certain commercial motor vehicles transporting agricultural commodities and farm supplies from maximum hours of service requirements.
United States · United States Congress · 2 February 2005
Right-to-Ride Livestock on Federal Lands Act of 2005 - Amends Public Law 91-383 to direct the Secretary of the Interior to preserve and facilitate the continued use and access of pack and saddle stock animals on parts of National Park System lands where there is a historical tradition of such use. Directs that as a general rule, all trails, routes, and areas used by such animals shall remain open and accessible for such use. Allows the Secretary of the Interior to implement a proposed reduction in the use and access of pack and saddle stock animals on such lands only after complying with the full review process required under the National Environmental Policy Act of 1969. Makes the same amendments to other laws regarding other public lands as follows: (1) the Federal Land Policy and Management Act of 1976, with respect to Bureau of Land Management lands; (2) the National Wildlife Refuge System Administration Act of 1966, with respect to National Wildlife Refuge System lands; and (3) the Forest and Rangeland Renewable Resources Planning Act of 1974, with respect to National Forest System lands (with the Secretary directed to act in this case being the Secretary of Agriculture). Directs the Secretaries of the Interior and Agriculture to issue final rules to define the meaning of a historical tradition of use of pack and saddle stock animals on federal lands for purposes of this Act.
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
Arthritis Prevention, Control, and Cure Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services: (1) to develop and implement a National Arthritis Action Plan; and (2) acting through the Director of the Centers for Disease Control and Prevention (CDC), to conduct, support, and promote the coordination of arthritis and other rheumatic diseases research. Requires the Secretary to award grants to: (1) support arthritis-specific research projects at the Centers for Prevention Research by the CDC; (2) support State comprehensive arthritis control and prevention programs and public health surveillance, prevention, and control activities; and (3) assist in the implementation of a national strategy for arthritis control and prevention. Requires the Secretary to coordinate a national education and outreach program on arthritis and other rheumatic diseases. Requires the Secretary to establish an Arthritis and Rheumatic Diseases Interagency Coordinating Committee to: (1) improve coordination of Federal research activities related to arthritis and rheumatic diseases; and (2) convene a summit to provide a detailed overview of such current Federal research. Requires the Director of the National Institutes of Health (NIH) to expand and intensify juvenile arthritis research. Allows the Secretary, acting through the Director of the CDC, to award grants to support juvenile arthritis data collection. Requires the Secretary, acting through the Director of the CDC, to support the development of a National Juvenile Arthritis Patient Registry. Requires the Secretary to promote and support pediatric rheumatology training, including by allowing the Secretary to establish a loan repayment program. Requires the Comptroller General to conduct a study on the economic impact of arthritis in the workplace.
United States · United States Congress · 2 February 2005
Amends the Federal Law Enforcement Pay Reform Act of 1990 to revise the special pay adjustments for (percentage differentials payable to) Federal law enforcement officers in specified consolidated metropolitan statistical areas. Includes Capitol Police as law enforcement officers under such Act. Eliminates the limitation on the aggregate of basic pay and premium pay with respect to availability pay for Federal criminal investigators.
![Official portrait of Rep. LaHood, Ray [R-IL-18]](https://www.congress.gov/img/member/l000552_200.jpg)