United States · United States Congress · 16 February 2005
Openess Promotes Effectiveness in our National Government Act of 2005 or OPEN Government Act of 2005 - Amends the Freedom of Information Act (FOIA) to prohibit a Federal agency from denying the present fee status for a news media representative solely on the absence of institutional associations of the requester and requires consideration of the requester's prior publication history. Requires an agency, if a requester has no prior publication history or current affiliation, to consider the requester's stated intent at the time the request is made to distribute information to a reasonably broad audience. Provides that, for purposes of recovery of attorney fees and other litigation costs, a complainant has substantially prevailed if : (1) the complainant has obtained a substantial part of its requested relief through a judicial or administrative order or an enforceable written agreement; or (2) the complainant's pursuit of a nonfrivolous claim or defense has been a catalyst for a voluntary or unilateral change in position by the opposing party that provides a substantial part of the requested relief. Directs the Attorney General to: (1) notify the Special Counsel of civil actions taken for arbitrary and capricious rejections of requests for agency records; and (2) annually submit reports on the number of such actions taken. Provides for the commencement of the 20-day time limit within which agencies shall determine whether to comply with a request for agency records on the day in which the request is first received. Requires agencies to establish: (1) a system to assign tracking numbers for requests for information; and (2) telephone or Internet service that provides the status of requests. Prohibits applying FOIA section 552 provisions to matters that are specifically exempted from disclosure by a statute (other than open meetings under the Government in the Sunshine Act) that specifically cites this Act. Establishes the Office of Government Information Services within the U.S. Administrative Conference to review section 552 policies and procedures by administrative agencies. Requires the: (1) Comptroller General to annually report on implementation of provisions for the protection of voluntarily shared critical infrastructure information; and (2) Office of Personnel Management to report on personnel policies related to FOIA.
United States · United States Congress · 16 February 2005
Ryan Haight Internet Pharmacy Consumer Protection Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) to prohibit any person from dispensing a prescription drug pursuant to a sale if: (1) any part of the transaction is conducted through an Internet site; (2) the person dispenses the drug by mailing or shipping the drug to the purchaser; and (3) such site fails to provide the identities and licensing information of the seller, pharmacists, or medical consultants. Prohibits a person from selling or dispensing a prescription drug if: (1) the purchaser communicated with the person through the Internet; (2) the purchaser did not have a valid prescription when the communication began; (3) the person provided for the involvement of a practitioner; (4) the practitioner issued a prescription for the drug that was purchased; (5) the person knew that no qualifying medical relationship existed (defines "qualifying medical relationship" as requiring an in-person medical evaluation or a medical evaluation as a covering practitioner); and (6) the person received payment. Excludes certain acts involving telemedicine, group practices, and practices that promote the public health. Allows States to bring civil actions against a person for violations of this Act. Prevents Internet providers from being held liable for dispensing or selling prescriptions drugs on account of another person's activities. Includes the dispensing or selling of a prescription drug in violation of this Act as a prohibited act under FFDCA. Requires the Secretary of Health and Human Services to award a grant or contract to the National Clearinghouse on Internet Prescribing to identify and report Internet sites that violate Federal or State laws concerning the dispensing of drugs.
United States · United States Congress · 16 February 2005
Help Our Patriotic Employers at Helping Our Military Employees Act or HOPE at HOME Act - Entitles a Federal employee who is a member of a reserve component and is absent from Federal employment under a call or order to active duty for a period of more than 30 days to the difference between the amount of the civilian base pay that would otherwise have been payable to such employee for such period and the amount of military compensation received for the active-duty service. Continues such entitlement: (1) while the employee is hospitalized for, or convalescing from, an injury or illness incurred in or aggravated during such active duty; or (2) during the 14-day period following the end of such active duty. Amends the Internal Revenue Code to provide as a general business credit for employers a Ready Reserve-National Guard employee credit equal to the lesser of: (1) 50 percent of the actual compensation paid with respect an employee who is absent from employment during the above periods; or (2) $30,000. Provides for the tax treatment of differential wage payments made under this Act. Provides an employer credit for income differential payments made with respect to the employment of activated military reservist and replacement personnel. Permits, without loss of tax benefits, employer payments to an individual retirement plan while an employee is performing active duty military service for a period of more than 30 days.
United States · United States Congress · 16 February 2005
Federal Youth Coordination Act - Establishes a Federal Youth Development Council to improve administration and coordination of Federal programs serving youth. Authorizes the Council to provide technical assistance and make grants to States to support State councils for coordinating State youth efforts.
United States · United States Congress · 16 February 2005
Amends the Controlled Substances Act to eliminate the 30-patient limit for medical practitioners in group practices that may dispense specified narcotic drugs for maintenance or detoxification treatment.
United States · United States Congress · 16 February 2005
Commends the people of the Republic of China on Taiwan for establishing a multi-party democracy and for their dedication to democratic ideals and human rights. Expresses the sense of Congress that: (1) the President should abandon the "One China Policy" in favor of a "One China, One Taiwan Policy" that recognizes the Republic of China on Taiwan as a sovereign government; (2) the President should begin the process of resuming normal diplomatic relations with the Republic of China on Taiwan; and (3) the Republic of China on Taiwan should be permitted to participate as a full member in international organizations for which statehood is a membership requirement.
United States · United States Congress · 15 February 2005
Methamphetamine Remediation Research Act of 2005 - Requires the Assistant Administrator for Research and Development of the Environmental Protection Agency to establish: (1) voluntary guidelines, based on the best currently available scientific knowledge, for the remediation of former methamphetamine laboratories, including guidelines regarding preliminary site assessment and the remediation of residual contaminants; and (2) a program of research to support the development and revision of such guidelines. Directs the Assistant Administrator to: (1) periodically convene a conference of appropriate State agencies, as well as individuals or organizations involved in research and other activities directly related to the environmental or biological impacts of former methamphetamine laboratories; and (2) enter into an arrangement with the National Academy of Sciences for a study of the status and quality of research on the residual effects of methamphetamine laboratories. Requires the Director of the National Institute of Standards and Technology to support a research program to develop: (1) new methamphetamine detection technologies, with an emphasis on field test kits and site detection; and (2) appropriate standard reference materials and validation procedures for methamphetamine detection testing.
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
Dawson Family Community Protection Act - Amends the Office of National Drug Control Policy Act Reauthorization Act of 1998 to require the Director of National Drug Control Policy to ensure that at least $5 million of amounts appropriated for a fiscal year for the High Intensity Drug Trafficking Areas Program is used in high intensity drug trafficking areas with severe neighborhood safety and illegal drug distribution problems to: (1) ensure the safety of neighborhoods and the protection of communities, including the prevention of intimidation of potential witnesses; and (2) combat illegal drug trafficking through methods the Director considers appropriate, such as establishing or operating a toll-free telephone hotline for the public to provide information about illegal drug-related activities.
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
Screening Abdominal Aortic Aneurysms Very Efficiently (SAAAVE) Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of ultrasound screening for abdominal aortic aneurysms. Directs the Secretary of Health and Human Services to carry out a national education and information campaign to promote awareness among health care practitioners and the general public with respect to the importance of early detection and treatment of abdominal aortic aneurysms.
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 · 15 February 2005
Expresses the sense of the House of Representatives that judicial interpretations of the U.S. Constitution should not be based on judgments, laws, or pronouncements of foreign institutions unless such judgments, laws, or pronouncements inform an understanding of the original meaning of the Constitution.
United States · United States Congress · 15 February 2005
Urges the European Union (EU) to classify Hezbollah as a terrorist organization. Condemns Hezbollah's continuous terrorist attacks, and its support of Palestinian terrorist organizations on the EU terrorist list, such as the Al Aqsa Martyrs Brigade, Hamas, the Palestinian Islamic Jihad, and the Popular Front for the Liberation of Palestine.
United States · United States Congress · 14 February 2005
Great Lakes Restoration Act of 2005 - Establishes the Great Lakes Advisory Board to: (1) develop a biennial comprehensive Great Lakes management plan; (2) coordinate Great Lakes restoration efforts; and (3) implement a public awareness campaign. Establishes a scientific working group to evaluate the scientific integrity of the Great Lakes restoration effort and assist the Board in its decisionmaking. Requires the management plan to be submitted to the President, appropriate congressional committees, the governor of each Great Lakes State, and the Great Lakes mayors. Includes as possible Great Lakes ecosystem goals: (1) the cleanup of toxic hot spots; (2) the elimination of invasive species; (3) decreased pollution from nonpoint sources and the elimination of all forms of toxic deposition; (4) the restoration and conservation of wetlands and critical coastal habitat; (5) the elimination of dead zones caused by hypoxia and harmful algal bloom; (6) the sustainable use and management of Great Lakes water resources; and (7) public participation in Great Lakes restoration. Requires each Great Lakes State to have in effect a State Great Lakes Management Plan, approved by the Administrator of the Environmental Protection Agency and updated every two years, in order to be eligible for assistance apportionments authorized under this Act. Provides apportioned funding to Great Lakes States for restoration activities. Authorizes the Administrator to appoint a special master to direct the remediation of an area of concern.
United States · United States Congress · 10 February 2005
Occupational Safety and Health Independent Review of OSHA Citations Act of 2005 - Amends the Occupational Safety and Health Act of 1970 (OSH Act) to revise judicial review provisions to require deference to be given to reasonable conclusions of the Occupational Safety and Health Review Commission (OSHRC), with respect to all questions of law that are subject to agency deference under governing court precedent relating to citations issued by the Occupational Safety and Health Administration (OSHA) against businesses for violations of the OSH Act.
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
Occupational Safety and Health Small Business Day in Court Act of 2005 - Amends the Occupational Safety and Health Act of 1970 to revise a requirement that, if an employer fails to file a notice of contest within 15 working days following the issuance of a citation or proposed assessment of a penalty, the citation or assessment becomes a final order not subject to review. Provides for an exception if such failure results from mistake, inadvertence, surprise, or excusable neglect.
United States · United States Congress · 10 February 2005
Occupational Safety and Health Review Commission Efficiency Act of 2005 - Amends the Occupational Safety and Health Act of 1970 to increase the membership of the Occupational Safety and Health Review Commission (OSHRC) from three to five. Includes an individual's legal training among possible qualifications for OSHRC membership. Authorizes the President to extend for up to 365 days the term of an OSHRC member until a nominated successor is confirmed to serve by the Senate.
United States · United States Congress · 10 February 2005
Occupational Safety and Health Small Employer Access to Justice Act of 2005 - Amends the Occupational Safety and Health Act of 1970 (OSH Act) to provide for the award of attorney's fees and costs to certain small employers when they prevail in specified administrative or court proceedings. Requires such awards to prevailing employers if they had not more than 100 employees and a net worth of not more than $7 million at the time of: (1) the initiation of the administrative proceedings (in the case of an adversary adjudication); or (2) the filing of the action addressed in the court proceedings (in the case of judicial review of an administrative action). Provides for such awards without regard to whether the position of the Secretary of Labor or the Federal Government was substantially justified or whether special circumstances make an award unjust.
United States · United States Congress · 10 February 2005
President Ronald Reagan $50 Bill Act - Amends the Federal Reserve Act to require that the face of $50 Federal reserve notes printed after December 31, 2005, bear the likeness of President Ronald Wilson Reagan.
United States · United States Congress · 10 February 2005
G.I. Bill Enhancement Act of 2005 - Exempts members of the Armed Forces and Selected Reserve on active duty between November 16, 2001, and the termination date of Executive Order 13235 from the mandatory payroll deductions ($100 for the first 12 months of active duty pay) under the veterans' basic educational assistance program. Provides for reimbursement of payroll deductions taken prior to the enactment of this Act. Allows such members to withdraw an election not to receive basic educational assistance.
United States · United States Congress · 10 February 2005
Revolutionary War and War of 1812 Battlefields Commemorative Coin Act of 2005 - Directs the Secretary of the Treasury to mint and issue five-dollar gold coins, one-dollar silver coins, and half-dollar clad coins emblematic of the Revolutionary War and the War of 1812.
United States · United States Congress · 10 February 2005
Revolutionary War and War of 1812 Battlefield Protection Act of 2005 - Amends the American Battlefield Protection Act of 1996 to direct the Secretary of the Interior, acting through the American Battlefield Protection Program, to establish an acquisition grant program for battlefields and associated sites identified in the Revolutionary War and War of 1812 Historic Preservation Study (battlefield report). Authorizes the Secretary to provide grants to States or local governments (eligible entities) to pay the Federal share of the cost of acquiring such sites. Permits eligible entities to acquire an interest in eligible sites using such grants in partnership with nonprofit organizations. Requires the non-Federal share of the cost of acquisition of eligible sites to be not less than 50 percent of the total. Subjects acquired property to the Land and Water Conservation Fund Act's prohibition against conversion to other than public outdoor recreation uses without the Secretary's approval. Requires the Secretary to submit to Congress a report on activities carried out under this Act and updates to the battlefield report.
United States · United States Congress · 10 February 2005
Farmland Capital Gains Equity Act of 2005 - Amends the Internal Revenue Code to provide an exclusion from gross income of gain from the sale of qualified farm property. Defines "qualified farm property" as U.S. property used by a taxpayer or a member of his family as a farm for farming purposes for at least three years. Requires such taxpayer or family member to materially participate in the operation of the farm. Limits the amount of such exclusion to $500,000 ($250,000 in the case of a married individual filing a separate return), reduced by the aggregate amount of gain excluded for all preceding taxable years.
United States · United States Congress · 10 February 2005
Amends the Internal Revenue Code to exclude from gross income all compensation received for active service as a member of the Armed Forces, not including pensions and retirement pay. (Terminates the current limited exclusion from gross income for combat pay.)
United States · United States Congress · 9 February 2005
AMT Middle Class Fairness Act of 2005 - Amends the Internal Revenue Code to: (1) allow as a deduction against alternative minimum taxable income certain State and local taxes; and (2) provide for an inflation adjustment of the alternative minimum tax exemption amount for individual taxpayers.
United States · United States Congress · 9 February 2005
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 - Amends Federal bankruptcy law governing: (1) conversion of bankruptcy petitions; (2) abusive creditor practices; (3) domestic support obligations; (4) consumer protections, including protection of personally identifiable information; (5) measures to discourage bankruptcy abuse, including reduction of the homestead exemption for fraud; (6) guidelines for general and small business bankruptcies, including appointment of a committee of retired employees; (7) bankruptcy data dissemination and bankruptcy tax provisions; (8) ancillary and other cross-border cases to incorporate the Model Law on Cross-Border Insolvency; and (9) financial contracts and transfers entered into with an insolvent insured depository institution before its conservatorship or receivership. Reenacts Chapter 12, Adjustment of Debts of a Family Farmer with Regular Annual Income. Brings family fishermen within the purview of Federal bankruptcy protection. Prescribes guidelines for insolvent health care businesses and related patients' rights. Bankruptcy Judgeship Act of 2005 - Amends the Federal Judicial Code to mandate appointments for additional temporary bankruptcy judgeships in designated States. Prescribes additional consumer credit disclosures, including open end credit plans and introductory rates.
United States · United States Congress · 9 February 2005
Citizenship Reform Act of 2005 - Amends the Immigration and Nationality Act to limit automatic citizenship at birth to a child born in the United States who: (1) was born in wedlock to a parent either of whom is a U.S. citizen or national, or is an alien lawfully admitted for permanent residence who maintains such residence; or (2) was born out of wedlock to a mother who is a U.S. citizen or national, or is an alien lawfully admitted for permanent residence who maintains such residence. Defines "born in wedlock" to exclude common law marriages.
United States · United States Congress · 9 February 2005
Medicare Beneficiary Freedom To Contract Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act regarding the use of private contracts by Medicare beneficiaries for professional services. Outlines specific requirements for private contracts between Medicare beneficiaries and physicians or health care practitioners for services for which no Medicare claims may be submitted.
United States · United States Congress · 9 February 2005
Civil War Sesquicentennial Commission Act - Directs the Secretary of the Interior to establish a Civil War Sesquicentennial Commission to plan, develop, and carry out programs and activities appropriate to commemorate the sesquicentennial of the Civil War, and to carry out other specified duties. Directs the National Endowment for the Humanities to award grants for appropriate activities relating to the Civil War sesquicentennial, and to consider for such grants university, museum, or academic programs with national scope that sponsor multidisciplinary projects, including those that concentrate on the role of African Americans in the Civil War.
United States · United States Congress · 8 February 2005
Department of Veterans Affairs Claims Backlog Reduction Act of 2005 - Directs the Secretary of Veterans Affairs to: (1) identify the current backlog of veterans' claims for benefits through the Department of Veterans Affairs and to categorize those claims; and (2) identify claims that need further development and refer them to a geographically appropriate County Veterans Service Office. Allows veterans' claims to be submitted to County Veterans Service Officers (in lieu of the Department) and authorizes the Officers to fully develop such claims. Requires appropriate information sharing between the Department's Benefits Delivery Network and the Offices. Requires funding provided by this Act to be allocated to States based on their respective populations of veterans and allocates such funds to the appropriate Office. Prohibits Federal funding from exceeding 50 percent of the costs of Office operations. Allows funding to be used to establish Officer programs in States that do not have one.
United States · United States Congress · 8 February 2005
Vaccine Accessibility for Children and Seniors Act of 2005 or the VACS Act of 2005 - Establishes an exclusive Federal cause of action for claims arising from a vaccine-related injury or death associated with the administration of a vaccine after October 1, 1988, except for a compensation proceeding under the National Vaccine Injury Compensation Program (the Program). Preempts all State actions for damages arising from such an injury or death. Defines "vaccine" to include any preservative, ingredient, or component of a vaccine. Requires a district court to suspend an attorney from the practice of law in such court for one year if the attorney has violated the Federal Rules of Civil Procedure requiring the attorney to certify the validity of claims filed in connection with a vaccine suit three times during that attorney's career. Allows the court to suspend the attorney for any additional period that the court considers appropriate. Amends Federal vaccine civil trial procedures to insert a new first stage to determine whether competent and reliable scientific evidence demonstrates that the plaintiff's alleged vaccine-related injury or death was caused in fact by the vaccine. Requires the dismissal with prejudice or removal to a Federal court of all pending State vaccine cases. Requires the Secretary of Health and Human Services and the Attorney General to jointly submit a report to Congress concerning recommendations to ensure that injured patients with legitimate claims are rapidly and appropriately compensated through the Program in a less adversarial manner.
United States · United States Congress · 8 February 2005
Family Farm Preservation Act of 2005 - Amends the Internal Revenue Code to exclude from gross income gain from the sale or exchange of qualified farmland development rights to a tax-exempt conservation organization. Defines "qualified farmland development rights" as a restriction limiting farmland to use as a farm for farming purposes or for exclusively conservation purposes.
United States · United States Congress · 8 February 2005
Community Restoration and Revitalization Act of 2005 - Amends the Internal Revenue Code to: (1) allow an increased rehabilitation tax credit for certain low-income buildings; (2) allow a basis reduction adjustment for property eligible for the credit; (3) increase the credit for certain smaller buildings; (4) allow property eligible for the credit to be used for lodging purposes; (5) modify placed-in-service rules for credit property; (6) modify qualification rules for credit property that is tax-exempt use property; and (7) increase the credit for buildings in high cost areas.
United States · United States Congress · 2 February 2005
Native American Veterans Cemetery Act of 2005 - Authorizes the Secretary of Veterans Affairs to make grants to any tribal organization for establishing, expanding, or improving veterans' cemeteries on trust lands owned by, or held in trust for, the organization.
United States · United States Congress · 2 February 2005
Angel Island Immigration Station Restoration and Preservation Act - Authorizes appropriations to the Secretary of the Interior for restoring the Angel Island Immigration Station in San Francisco Bay, in coordination with the Angel Island Immigration Station Foundation and the California Department of Parks and Recreation. Limits Federal funding under this Act to 50 percent of the total funds from all sources spent to restore the Angel Island Immigration Station. Requires funds appropriated by this Act to be used first for restoration of the Immigration Station Hospital on Angel Island.
United States · United States Congress · 2 February 2005
Personal Responsibility in Food Consumption Act - Prohibits new and dismisses pending civil actions by any person against a manufacturer or seller of food or a trade association for any injury resulting from a person's consumption of food and weight gain, obesity, or any associated health condition, excluding actions alleging: (1) a knowing and willful violation of a Federal or State statute applicable to the manufacturing, marketing, distribution, advertisement, labeling, or sale of food where the violation was a proximate cause of injury related to a person's weight gain, obesity, or related health condition; (2) a breach of express contract or express warranty in connection with the purchase of food; or (3) a violation under the Federal Trade Commission Act or the Federal Food, Drug, and Cosmetic Act. Requires, in any action alleging such a violation of an applicable Federal or State statute or a breach of express contract or express warranty: (1) a stay of discovery during the pendency of any motion to dismiss, unless necessary to preserve evidence or to prevent undue prejudice; and (2) document preservation during the stay. Requires the complaint in an action alleging such a violation of an applicable statute to plead with particularity the Federal and State statutes that were allegedly violated and the facts that are alleged to have proximately caused the injury claimed.
United States · United States Congress · 2 February 2005
Prohibits the United States from operating a U.S. consulate in Jerusalem unless it is under the supervision of the U.S. Ambassador to Israel. Requires any official U.S. Government document which lists countries and their capital cities to identify Jerusalem as the capital of Israel. Declares that, for purposes of registration of birth, certification of nationality, or issuance of a passport of a U.S. citizen born in the city of Jerusalem, the Secretary of State shall, upon the citizen's (or the citizen's legal guardian's) request, record the place of birth as Israel.
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
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 Internal Revenue Code to allow employers a business tax credit of $1,000 for each of their employees who teaches a course at an accredited community college for which the employee receives no compensation.
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. Souder, Mark E. [R-IN-3]](https://www.congress.gov/img/member/s001143_200.jpg)