United States · United States Congress · 28 April 2005
Asbestos Compensation Fairness Act of 2005 - Requires as an essential element of a nonmalignant asbestos or silica claim that there be physical impairment to which asbestos or silica exposure was a substantial contributing factor. Sets forth evidentiary requirements for a prima facie showing of: (1) physical impairment for nonmalignant asbestos or silica claims; (2) asbestos- or silica-related lung cancer; (3) asbestos-related other cancer; and (4) asbestos claims based upon mesothelioma. Requires evidence relating to physical impairment to comply with the AMA Guides to the Evaluation of Permanent Impairment. States that presentation of prima facie evidence meeting the foregoing requirements (excluding evidentiary requirements for mesothelioma) shall not: (1) result in a presumption of impairment at trial; (2) be conclusive as to any defendant's liability; and (3) be admissible at trial. Addresses claim consolidation, Federal jurisdiction and venue, preliminary proceedings, and the plaintiff's burden of proof. Delineates the statute of limitations for asbestos- and silica-related claims. States that an asbestos or silica claim arising out of a nonmalignant condition shall be a distinct cause of action from such a claim relating to the same exposed person arising out of asbestos- or silica-related cancer. Prohibits damage awards for fear or risk of cancer in civil actiosn premised on asbestos or silica claims. Specifies the scope of liability and damages for civil actions under this Act, providing that: (1) a defendant shall be liable only for that portion of a judgment for which the defendant is responsible; and (2) no punitive damages may be awarded. Establishes a cap for damages relating to noneconomic losses. Requires plaintiffs to disclose collateral source payments based upon the same claim at the time of filing suit. Reduces the amount of an award otherwise available by the amount of such collateral compensation. Sets forth liability rules applicable to product sellers, renters, lessors, and premises owners. Makes this Act applicable to any civil action asserting an asbestos or silica claim in which final judgment has not been entered as of the date of enactment.
United States · United States Congress · 27 April 2005
Volunteer Pilot Organization Protection Act of 2005 - Amends the Volunteer Protection Act of 1997 to exempt from liability a nonprofit volunteer pilot organization that flies for public benefit, its staff members, and its volunteers for harm caused by a volunteer while flying, in furtherance of the purpose of the organization, an aircraft for which the volunteer was properly licensed and insured. Directs the Attorney General to study and report to Congress on the availability of insurance to nonprofit volunteer pilot organizations that fly for public benefit.
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
Export Freedom to Cuba Act of 2005 - Prohibits the President from regulating or prohibiting, directly or indirectly, travel to or from Cuba by U.S. citizens or legal residents, or any of specified transactions incident to such travel. Declares that: (1) this prohibition does not authorize the importation into the United States of any goods for personal consumption acquired in Cuba; and (2) the restrictions on authority contained in this Act do not apply in a case in which the United States is at war with Cuba, armed hostilities between the two countries are in progress, or there is imminent danger to the public health or the physical safety of U.S. travelers.
United States · United States Congress · 13 April 2005
Taxpayer Protection Act of 2005 - Amends the Internal Revenue Code to repeal provisions enacted by the American Jobs Creation Act of 2004 authorizing the Secretary of the Treasury to enter into contracts with private collection agencies for the collection of taxes.
United States · United States Congress · 12 April 2005
Medicare Medical Nutrition Therapy Act of 2005 - Amends title XVIII (Medicare) of the Social Security Act to authorize expansion of Medicare coverage of medical nutrition therapy services to diseases, conditions, or disorders other than diabetes or a renal disease.
United States · United States Congress · 12 April 2005
Real Estate Investment Thrift Savings Act - Amends Federal law relating to the Federal Employees' Retirement System to provide for the establishment of a Real Estate Stock Investment Fund under the Thrift Savings Plan.
United States · United States Congress · 12 April 2005
Collegiate Housing and Infrastructure Act of 2005 - Amends the Internal Revenue Code to allow tax-exempt charitable or educational organizations to make collegiate housing and infrastructure improvement grants to certain tax-exempt social clubs (e.g., college fraternities and sororities) so long as all of the active members of such clubs are full-time students at the college or university with which such clubs are associated. Defines "collegiate housing and infrastructure grants" to include grants to provide, improve, operate, or maintain collegiate housing.
United States · United States Congress · 12 April 2005
Renewing the Dream Tax Credit Act - Amends the Internal Revenue Code to allow homebuilders and investors a general business tax credit for building or substantially rehabilitating residences for low and moderate-income individuals in certain areas, including a rural area, an Indian reservation, or an area of chronic economic distress. Sets forth rules for the calculation of such credit and its administration and allocation by the States.
United States · United States Congress · 6 April 2005
Jessica Lunsford Act - Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to direct that State procedures include a process under which the State mails a nonforwardable verification form at least twice a year to the last known address of the person required to register as a sexually violent offender, to be returned within ten days after receipt, with failure to return the form within the period allowed punishable in the same manner as a failure to register. Requires a State prison officer, the court, or another responsible officer or official, if a person required to register is released from prison or placed on parole, supervised release, or probation, to: (1) notify the agency responsible for supervising the person that such person is required to register; and (2) provide that agency with the registration information relating to that person. Provides that a person required to register who has two or more convictions for failing to register or failing to keep such registration current shall, upon release from imprisonment, be required to wear a location-transmitting device (such as an anklet) at all times for not less than five years (ten years if the person is a sexually violent predator). Requires the State to frequently monitor the information transmitted. Sets forth provisions regarding compliance dates and loss of Federal funding for failure to implement this Act.
United States · United States Congress · 6 April 2005
Social Security Benefits Tax Relief Act of 2005 - Amends the Internal Revenue Code to repeal the 85 percent maximum tax rate on Social Security and Railroad Retirement benefits enacted by the Omnibus Budget Reconciliation Act of 1993. Appropriates, from the general fund, to the Hospital Insurance Trust Fund amounts equal to the reduction in revenues resulting from this repeal.
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
Higher Education Affordability and Equity Act of 2005 - Amends the Internal Revenue Code to: (1) repeal the dollar limitation on the tax deduction for interest on education loans and expand eligibility for such deduction by revising the modified adjusted gross income phaseout for such deduction; (2) make the tax deduction for qualified tuition and related expenses permanent; (3) increase from $2,000 to $5,000 the maximum allowable contribution to a Coverdell savings account; (4) exclude from gross income amounts received for qualified higher education expenses (e.g., books, supplies, room, board, and special needs services); and (5) allow certain additional expenses (e.g., fees, books, supplies, and equipment) for purposes of the Hope Scholarship Tax Credit and provide that such tax credit shall not be reduced by Federal Pell Grants and Supplemental Educational Opportunity (SEOG) Grants. Repeals the sunset provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA) applicable to title IV, subtitles A, B, and D (Affordable Education Provisions) of such Act. Amends the Higher Education Act of 1965 (HEA) to provide that a qualified education benefit shall not be considered an asset of a student for purposes of a student financial need analysis. Defines "qualified education benefit" as a tax-exempt tuition credits program, a State education prepayment plan, and a Coverdell education savings account.
United States · United States Congress · 17 March 2005
Family Smoking Prevention and Tobacco Control Act - Amends the Federal Food, Drug, and Cosmetic Act to provide for the regulation of tobacco products by the Secretary of Health and Human Services through the Food and Drug Administration, including through disclosure, annual registration, inspection, recordkeeping, and user fee requirements. Sets forth criteria by which tobacco products are deemed adulterated or misbranded. Allows the Secretary to require prior approval of all label statements. Allows the Secretary to restrict the sale or distribution of tobacco products, including advertising and promotion, if the Secretary determines that such regulation would be appropriate for the protection of the public health. Prohibits such regulations from: (1) limiting product sales or distribution to authorization of a practitioner licensed to prescribe medical products; (2) prohibiting product sales in face-to-face transactions by a specific category of retail outlets; or (3) establishing a minimum age greater than 18 years of age for product purchases. Prohibits cigarettes from containing any artificial or natural flavor (other than tobacco or menthol) or an herb or spice, including strawberry, cinnamon, or coffee. Requires the Secretary to establish tobacco product standards to protect the public health, but reserves to Congress the power to ban any tobacco products or reduce the nicotine level to zero. Allows the Secretary to take specified actions, including public notification and recall, against unreasonably harmful products. Requires premarket approval of all new tobacco products. Sets forth standards for the sale of modified risk tobacco products. Sets forth provisions regarding: (1) judicial review; (2) coordination with the Federal Trade Commission (FTC); (3) congressional review of regulations; and (4) state and local authority. Requires the Secretary to establish a Tobacco Products Scientific Advisory Committee. Amends the Federal Cigarette Labeling and Advertising Act to change cigarette warning label and advertising requirements. Amends the Comprehensive Smokeless Tobacco Health Education Act of 1986 to change smokeless tobacco warning label and advertising requirements.
United States · United States Congress · 17 March 2005
Human Cloning Prohibition Act of 2005 - Amends the Federal criminal code to prohibit any person or entity, in or affecting interstate commerce, from knowingly: (1) performing or attempting to perform human cloning; (2) participating in such an attempt; (3) shipping or receiving an embryo produced by human cloning or any product derived from such embryo; or (4) importing such an embryo or derived product. Sets forth criminal and civil penalties. Provides that nothing in this Act restricts areas of scientific research not specifically prohibited above, including research in the use of nuclear transfer or other cloning techniques to produce molecules, DNA, cells other than human embryos, tissues, organs, plants, or animals other than humans.
United States · United States Congress · 15 March 2005
Responsible Lending Act - Mortgage Lending Improvements and Uniform National Standards Act - Amends the Truth in Lending Act to define higher-cost mortgage. Sets forth related provisions with respect to: (1) requirements for higher-cost mortgages; (2) dispute and error resolution; (3) damages, rescission and liability; (4) State law coordination; (5) State enforcement authority; (6) prepayment penalties and late charges; and (7) consumer counseling. Expanding Housing Opportunities Through Education and Counseling Act - Amends the Department of Housing and Urban Development Act to establish, in the Office of the Secretary of Housing and Urban Development (HUD), the Office of Housing Counseling. Directs the Office to carry out HUD homeownership and rental counseling functions, including related research, grant administration, public outreach, and development of policy and performance measures. Amends the Housing and Urban Development Act of 1968 to direct the Secretary to: (1) establish homeownership and rental counseling procedures, and a related a toll-free telephone number and World Wide Web site; (2) certify computer software programs for consumer evaluation of residential mortgage loans; (3) establish a housing counseling multimedia outreach program for vulnerable populations; (4) assist States, local government, and non-profit organizations with consumer education programs about mortgage, refinancing, home equity, or home repair loans; and (5) make grants for State, local government, and nonprofit organization housing counseling assistance. Requires organizations to use HUD-certified counselors in order to qualify for specified HUD assistance. Amends the Real Estate Settlement Procedures Act of 1974 to: (1) revise the mortgage information booklet; (2) set forth prohibitions on a servicer of a federally related mortgage; and (3) prohibit a creditor from providing a higher-cost mortgage to any consumer without first obtaining a written appraisal of the property. Amends the Truth in Lending Act to require a creditor in certain transactions secured by a residence to establish an escrow or impound account for taxes and hazard insurance payments. Directs: (1) the Secretary to conduct studies of mortgage servicing fraud, and home loan default and foreclosures; and (2) the Government Accountability Office (GAO) to conduct an appraisal process study. Directs the Secretary to establish: (1) a national mortgage broker database; and (2) Federal mortgage broker requirements. Sets forth uniform State mortgage broker law guidelines, and states that Federal requirements shall apply to those States that have not enacted uniform laws. Sets forth liability provisions for intentional unlawful disclosures, with a good faith exception.
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
Gang Deterrence and Community Protection Act of 2005 - Amends the Federal criminal code to modify and expand prohibitions against criminal street gang activity, including forfeiture provisions. Revises penalties for: (1) interstate or foreign travel or transportation in aid of racketeering enterprises; (2) carjacking; (3) using interstate commerce facilities in the commission of murder-for-hire and other felony crimes of violence; (4) violent crimes in aid of racketeering activity; (5) murder and other violent crimes committed during and in relation to a drug trafficking crime; (6) using interstate commerce facilities to commit multiple murder; and (7) the use of firearms in crimes of violence and drug trafficking. Amends: (1) the Racketeer Influenced and Corrupt Organizations Act (RICO) to expand the definition of "racketeering activity" to cover interstate murder; and (2) the Violent Crime Control and Law Enforcement Act of 1994 to authorize the use of community-based justice grants to hire additional prosecutors to reduce backlogs and to fund technology, equipment, and training for specified purposes, including to increase the accurate identification and successful prosecution of young violent offenders Expands: (1) the rebuttable presumption against release of persons charged with firearms offenses; and (2) venue in capital cases. Sets a 15-year statute of limitations for non-capital felony crimes of violence. Modifies provisions regarding the prosecution of juveniles as adults. Authorizes the Attorney General to designate specific areas that are located within one or more States as high intensity interstate gang activity areas.
United States · United States Congress · 14 March 2005
Graduation Really Achieves Dreams Act - GRAD Act - Authorizes the Secretary of Education to award a grant to Project GRAD USA, a nonprofit educational organization for improving high school graduation and college attendance and completion rates for disadvantaged students, to provide technical assistance and support through subgrants to existing and new programs that implement a set of integrated education reform services. Requires the grantee to select only subgrantees that serve a substantial number or percentage of low-income students. Requires the programs to identify one or more groups of public schools at which services will be provided through a feeder pattern through which elementary and secondary schools channel students having participated in program services into an identified high school. Requires program services to include: (1) research-based programs in reading, mathematics, and classroom management; (2) campus-based social services programs, including increasing family and community involvement in schools; (3) a college access program, including providing college scholarships for students who meet established criteria, increasing student and family college awareness, and assisting students to apply for college financial aid; and (4) other services the grantee identifies as necessary.
United States · United States Congress · 10 March 2005
Directs the Speaker of the House of Representatives and the President pro tempore of the Senate to make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal collectively to the Tuskegee Airmen in recognition of their unique military record, which inspired revolutionary reform in the Armed Forces.
United States · United States Congress · 10 March 2005
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
Children's Hospitals Education Equity and Research (CHEER) Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to make payments through FY 2010 (currently, through FY 2005) to children's hospitals for expenses associated with operating approved graduate medical residency training programs. Excludes reductions for unused resident positions when calculating the number of full-time residents in a children's hospital's approved training program for purposes of reimbursing direct expenses. Requires the Secretary to adjust the proportion of such a hospital's costs attributable to wages for differences in hospital wage levels by geographic area. Authorizes appropriations through FY 2010 for direct and indirect expenses associated with operating such programs. Requires that funds appropriated for such programs for a fiscal year remain available for obligation through the end of the succeeding fiscal year. Limits the ability to recoup funds unless a demand for recoupment is made by the end of the fiscal year. Sets forth an appeals procedure and limitations on retroactivity for decisions affecting the amount of payments to a hospital for such programs.
United States · United States Congress · 9 March 2005
Requires the Secretary of the Interior, acting through the Director of the U.S. Fish and Wildlife Service, to provide public access to, use of, and recreational opportunities at the Navassa National Wildlife Refuge and Desecheo National Wildlife Refuge pursuant to special use permits issued under the Refuge Recreation Act, the National Wildlife Refuge System Administration Act of 1966, and regulations issued under this Act. Authorizes the Secretary to limit access to such refuges to specified time periods but requires access to each refuge during at least one period each year. Directs the Secretary, in issuing special use permits under this Act, to give priority to permit applications that do not negatively impact opportunities for wildlife-dependent recreation. Authorizes the Secretary to include in any permit issued under this Act conditions that the Secretary determines are necessary to protect fish and wildlife populations or habitat or public health and safety.
United States · United States Congress · 9 March 2005
Federal Deposit Insurance Reform Act of 2005 - Requires the merger of the Bank Insurance Fund and the Savings Association Insurance Fund into the Deposit Insurance Fund. Amends the Federal Deposit Insurance Act (FDIA) and the Federal Credit Union Act to: (1) increase the amount of deposit insurance coverage; (2) couple such increase with an inflation adjustment; (3) double the amount of deposit insurance for certain retirement accounts; and (4) increase the maxzimum amount of deposit insurance coverage for in-State municipal deposits. Amends the FDIA to replace assessment guidelines for achieving and maintaining a designated reserve ratio and for independent treatment of deposit insurance funds with a requirement that the Board of Directors of the FDIC set assessments as it determines appropriate, including a maximum base rate for assessments at one basis point for insured depository institutions in the lowest-risk category. Reduces from five years to three years the mandatory assessment recordkeeping period. Replaces the current 1.25 percent statutory reserve ratio used to recapitalize undercapitalized insurance funds with a reserve ratio range of 1.15 to 1.4 percent of estimated insured deposits, subject to specified factors and annual redetermination. Instructs the FDIC to establish a Deposit Insurance Fund Restoration Plan to ensure adequate reserves whenever the actual ratio in the DIF falls below the designated reserve ratio. Directs the FDIC to conduct a bi-annual survey on efforts by insured depository institutions to bring into the conventional finance system those "unbanked" individuals and families who have rarely, if ever, held a checking account, a savings account, or other type of transaction or check cashing account at an insured depository institution.
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 · 9 March 2005
Honors the life and work of Sister Dorothy Stang, an advocate for the rights of rural workers and peasants in Brazil's Amazon rain forest who was murdered in February 2005.
United States · United States Congress · 8 March 2005
American Sovereignty Restoration Act of 2005 - Repeals the United Nations Participation Act of 1945 and other specified related laws. Directs the President to terminate U.S. participation in the United Nations (UN), including any organ, specialized agency, commission, or other affiliated body. Requires closure of the U.S. Mission to the UN. Prohibits: (1) the authorization of funds for the U.S. assessed or voluntary contribution to the UN; (2) the authorization of funds for any U.S. contribution to any UN military operation; and (3) the expenditure of funds to support the participation of U.S. Armed Forces as part of any UN military or peacekeeping operation. Bars U.S. Armed Forces from serving under UN command.
United States · United States Congress · 3 March 2005
RU-486 Suspension and Review Act of 2005 - Deems the approved application for the drug mifepristone (marketed as Mifeprex, commonly known as RU-486, and used for the chemically induced termination of intrauterine pregnancy) to have been withdrawn. Deems the drug misoprostol to be misbranded under the Federal Food, Drug, and Cosmetic Act (FFDCA) if it bears labeling providing that the drug may be used for the medical termination of intrauterine pregnancy. Directs the Comptroller General to review and report on the process by which the Food and Drug Administration (FDA) approved mifepristone. Provides for the reinstatement of the approved application for such drug if the report determines the approval to have been in accordance with FFDCA.
United States · United States Congress · 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
Treatment of Children's Deformities Act of 2005 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974 (ERISA), and the Internal Revenue Code to require a group health plan, and a health issuer offering group health insurance coverage, that cover surgical benefits to also cover outpatient and inpatient diagnosis and treatment of a child's congenital or developmental deformity, disease, or injury. Requires that such coverage: (1) be subject to pre-authorization or pre-certification requirements of the plan or issuer; and (2) include any surgical treatment deemed by the treating physician to be medically necessary to approximate a normal appearance. Defines "treatment" to include reconstructive surgical procedures that are performed on abnormal structures of the body caused by congenital defects, abnormalities, trauma, infection, tumors, or disease, including: (1) procedures that do not materially affect the function of the body part being treated; and (2) procedures for secondary conditions and follow-up treatment. Excludes cosmetic surgery performed to reshape normal structures of the body to improve appearance or self-esteem.
United States · United States Congress · 1 March 2005
National Pain Care Policy Act of 2005 - Directs the President to convene a White House Conference on Pain Care to identify barriers to appropriate pain care. Amends the Public Health Service Act to direct the Secretary of Health and Human Services to establish within the National Institutes of Health (NIH) the National Center for Pain and Palliative Care Research. Establishes an advisory council for the Center. Requires the Director of NIH to establish at least six regional pain research centers. Requires the Director of Agency for Healthcare Research and Quality (AHRQ) to develop and advance the quality, appropriateness, and effectiveness of pain and palliative care. Permits the Secretary to award grants, cooperative agreements, and contracts to public and private entities to educate and train health care professionals in pain and palliative care. Directs the Secretary to implement a national campaign to inform the public on responsible pain management, related symptom management, and palliative care. Requires the Secretaries of Defense, Homeland Security, and Health and Human Services to develop and implement a pain care palliative initiative in all health care facilities of the uniformed services. Amends Title XVIII of the Social Security Act (Medicare) to require Medicare Advantage organizations to meet certain pain care standards. Requires TRICARE (a Department of Defense managed health care program) to meet such pain care standards. Requires the Secretary of Veterans Affairs to develop and implement a pain care initiative in all health care facilities of the Department of Veterans Affairs.
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 · 17 February 2005
Free and Fair Elections in Ethiopia Act - Expresses the sense of Congress that: (1) the Government of the Federal Democratic Republic of Ethiopia should hold national elections in May 2005 in order to ensure the long-term growth and stability of the country; (2) it is critical that the elections are deemed by the people of Ethiopia as free and fair and provide the winner a clear mandate to govern the country; and (3) the Government of Ethiopia and opposition parties should continue their dialog toward resolving elections-related issues. Authorizes the President, through the United States Agency for International Development (USAID), to provide grants to nongovernmental organizations to monitor such election.
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
Motorsports Fairness and Permanency Act of 2005 - Amends the Internal Revenue Code to make permanent the classification, for depreciation purposes, of any motorsports entertainment complex as seven year property.
United States · United States Congress · 17 February 2005
Amends the Internal Revenue Code to make permanent the 15-year recovery period for purposes of the tax deduction for depreciation of qualified restaurant property. Revises the term "qualified restaurant property" to include existing buildings as well as improvements to buildings.
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
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
Declares the sense of the House of Representatives that: (1) the study of languages contributes to the intellectual and social development of a student and the economy and security of the United States; (2) there should be a Year of Languages in the United States, during which language study is promoted and expanded in schools, businesses, and government programs; and (3) the President should issue a proclamation calling upon the people of the United States to encourage and support initiatives to promote and expand the study of languages, and observe a Year of Languages with appropriate ceremonies, programs, and other activities.
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 · 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 · 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
Next Generation Hispanic-Serving Institutions Act - Amends the Higher Education Act of 1965 to revise requirements for Hispanic-serving institutions (HSIs) under title V (Developing Institutions). Establishes a program of competitive grants to eligible HSIs that offer postbaccalaureate certifications or degrees (part B grants). Limits a part B grant award's duration to not more than five years. Prohibits the Secretary of Education from awarding more than one part B grant to an HSI in any one fiscal year. Authorizes appropriations for: (1) the current part A program of grants to HSIs that offer baccalaureate degrees or are junior or community colleges; and (2) the new part B program of grants to HSIs that offer postbaccalaureate certifications or degrees. Eliminates the requirement that an eligible HSI provide assurances that at least 50 percent of its Hispanic students are low-income students. Includes, among authorized activities under part A grants, articulation agreements and student support programs to help transfers from two-year to four-year institutions. Eliminates the two-year wait-out period between any two five-year part A grants to an HSI.
United States · United States Congress · 9 February 2005
Amateur Radio Spectrum Protection Act of 2005 - Prohibits the Federal Communications Commission (FCC), after July 1, 2005, from reallocating primary allocations of bands of frequencies of the amateur radio and amateur satellite services, diminishing the secondary allocations of such bands to such services, or making additional allocations within such bands that would substantially reduce their utility to the amateur radio or satellite service, unless the FCC provides equivalent replacement spectrum to amateur radio and satellite service.
United States · United States Congress · 9 February 2005
Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 - Amends Federal bankruptcy law governing: (1) conversion of bankruptcy petitions; (2) abusive creditor practices; (3) domestic support obligations; (4) consumer protections, including protection of personally identifiable information; (5) measures to discourage bankruptcy abuse, including reduction of the homestead exemption for fraud; (6) guidelines for general and small business bankruptcies, including appointment of a committee of retired employees; (7) bankruptcy data dissemination and bankruptcy tax provisions; (8) ancillary and other cross-border cases to incorporate the Model Law on Cross-Border Insolvency; and (9) financial contracts and transfers entered into with an insolvent insured depository institution before its conservatorship or receivership. Reenacts Chapter 12, Adjustment of Debts of a Family Farmer with Regular Annual Income. Brings family fishermen within the purview of Federal bankruptcy protection. Prescribes guidelines for insolvent health care businesses and related patients' rights. Bankruptcy Judgeship Act of 2005 - Amends the Federal Judicial Code to mandate appointments for additional temporary bankruptcy judgeships in designated States. Prescribes additional consumer credit disclosures, including open end credit plans and introductory rates.
United States · United States Congress · 9 February 2005
Agricultural 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.
![Official portrait of Rep. Tiberi, Patrick J. [R-OH-12]](https://www.congress.gov/img/member/t000462_200.jpg)