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 · 16 March 2005
Child Predator Act of 2005 - Amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act to: (1) expand the definition of "criminal offense against a victim who is a minor" to include every offense, whether Federal, State, local, tribal, foreign, or otherwise, that involves one or more of specified characteristics (such as kidnapping or sexual conduct), when committed against a minor; and (2) define "child predator" as a person who is convicted of such an offense that is sexual in nature, where the minor is age 13 or younger. Directs that State procedures require a child predator to: (1) report a change of residence within ten days; and (2) notify appropriate entities within that person's community, including schools, public housing, at least two media outlets, and law enforcement. Sets penalties of up to two years' imprisonment, a fine, or both, for violations. Requires the Federal Bureau of Investigation to disclose to the public, on a free-access Internet site, all information collected regarding each child predator, including a recent photograph. Requires the site to: (1) include a feature under which a member of the public can specify an address and be provided with registration information of all such predators within a radius of that address, as well as other searching and sorting capabilities; and (2) display the information in a manner that clearly indicates that the person is a child predator, along with the statutory definition of that term.
United States · United States Congress · 16 March 2005
Support our Scouts Act of 2005 - Prohibits any Federal law from being construed to limit any Federal agency from providing any form of support for a youth organization (including the Boy Scouts of America or any group officially affiliated with the Boy Scouts of America) that would result in that Federal agency providing less support to that youth organization (or any similar organization chartered under Federal law relating to the Boy Scouts of America) than was provided during each of the preceding four fiscal years. Amends the Housing and Community Development Act of 1974 to prohibit any State or unit of general local government that has a designated open forum, limited public forum, or nonpublic forum and that is a recipient of assistance under the Act from denying equal access or a fair opportunity to meet to, or discriminate against, any youth organization, including the Boy Scouts of America or any group officially affiliated with the Boy Scouts of America, that wishes to conduct a meeting or otherwise participate in that designated open forum, limited public forum, or nonpublic forum.
United States · United States Congress · 15 March 2005
527 Fairness Act of 2005 - Amends the Federal Election Campaign Act of 1971 to: (1) repeal the aggregate limit on contributions by individuals; (2) increase the limits for House and Senate candidates facing wealthy opponents; (3) repeal the limit on the amount of party expenditures on behalf of candidates in general elections; (4) index limits on the amount of contributions made to or by multicandidate political committees; (5) permit expenditures for certain targeted electioneering communications by specified kinds of organizations; (6) permit corporations and labor organizations to solicit political contributions from members by communications of any sort (currently, only by mail); and (7) permit State and local political parties to use nonfederal funds for voter registration and sample ballots.
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 · 10 March 2005
Federal Consent Decree Fairness Act - Authorizes State or local governments and related officials sued in their official capacity to file a motion to modify or vacate a consent decree upon the earlier of: (1) four years after the consent decree is originally entered; or (2) in the case of a civil action in which a State is a party or in which a local government is a party and the surrounding State is not a party, the expiration of the term of office of the highest elected State or local government official authorizing the consent decree. Places the burden of proof with respect to such motions on the party originally filing the action to demonstrate that continued enforcement is necessary to uphold a Federal right. Nullifies consent decrees pending a ruling on a motion to modify or vacate if the court fails to rule on such motion within 90 days of filing. Addresses compensation and termination of special masters overseeing consent decrees. Makes this Act applicable to all consent decrees regardless of: (1) the date on which the final order of a consent decree is entered; or (2) whether any relief has been obtained before enactment.
United States · United States Congress · 10 March 2005
Secure Access to Firearms Enhancement (SAFE) Act of 2005 - Amends the Federal criminal code to provide for reciprocity for the carrying of certain concealed firearms in different States by persons who are not prohibited by Federal law from possessing, transporting, shipping, or receiving a firearm and who are: (1) carrying a valid State license or permit for carrying a concealed firearm; or (2) otherwise entitled to carry a concealed firearm in their State of residence.
United States · United States Congress · 10 March 2005
Recognizes that prayer before school board meetings is a protected act and expresses support for such prayer. Expresses dissaproval of a decision by the U.S. District Court for the Eastern District of Louisiana ruling against such prayer at Tangipahoa School Board meetings.
United States · United States Congress · 8 March 2005
Incapacitated Persons Legal Protection Act of 2005 - Amends the Federal judicial code to extend habeas corpus protections to persons who are subject to a court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain the person's life. Deems persons having custody in such cases to encompass parties so authorized or directed. States that there shall be no requirement to produce the body of the incapacitated person at the hearing. Exempts from this Act those cases in which the incapacitated person indisputably executed a written advance directive while having capacity that clearly authorized the withholding or withdrawal of food, fluids, or necessary medical treatment. Defines "incapacitated person" to mean an individual presently incapable of making relevant decisions concerning the provision, withholding, or withdrawal of food, fluids, or medical treatment under applicable State law.
United States · United States Congress · 3 March 2005
Marriage Protection Act of 2005 - Amends the Federal judicial code to deny Federal courts jurisdiction to hear or decide any question pertaining to the interpretation of: (1) the provision of the Defense of Marriage Act that provides that no State shall be required to give effect to any marriage between persons of the same sex under the laws of any other State; or (2) this Act.
United States · United States Congress · 3 March 2005
Union Member Information Enforcement Act - Amends the Labor-Management Reporting and Disclosure Act of 1959 to direct the Secretary of Labor to: (1) investigate any written complaint of a member alleging that a labor organization has violated requirements to inform its members of their rights; and (2) without disclosing the identity of the complainant, bring a civil action for relief upon determining that such violation has occurred and has not been remedied.
United States · United States Congress · 3 March 2005
Labor-Management Accountability Act - Amends the Labor-Management Reporting and Disclosure Act of 1959 to authorize the Secretary of Labor, upon finding a violation of specified reporting and disclosure requirements (regarding constitution and bylaws, financial reports, securities, reports of the employer, and trusteeships), to require the person, labor organization, or employer responsible to pay a civil money penalty in an amount determined under a schedule that takes into account the nature of the violation involved, the existence of previous violations, and the responsible entity's revenues. Prohibits the Secretary from making any determination adverse to a person, labor organization, or employer until such person or entity has been given written notice and an opportunity to be heard. Specifies review procedures.
United States · United States Congress · 3 March 2005
Union Members Right-to-Know Act - Amends the Labor-Management Reporting and Disclosure Act of 1959 to require a labor organization to provide information on the Act to: (1) each new member within 90 days after the member has joined the labor organization; and (2) all members periodically in a manner which the Secretary of Labor determines will promote a fuller understanding of the member's rights and judicial remedies under the Act.
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 · 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
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
Secret Ballot Protection Act of 2005 - Amends the National Labor Relations Act to make it an unfair labor practice for: (1) an employer to recognize or bargain collectively with a labor organization that has not been selected by a majority of the employees in a secret ballot election conducted by the National Labor Relations Board; and (2) a labor organization to cause or attempt to cause an employer to recognize or bargain collectively with a representative that has not been selected in such manner.
United States · United States Congress · 17 February 2005
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
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 · 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
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 · 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
Expresses support for the goals and ideals of National MPS Awareness Day (February 25th) (mucopolysaccharidosis and mucolipidosis disorders are genetically determined lysosomal storage disorders that result in the inability of the body to produce certain enzymes needed to break down complex carbohydrates).
United States · United States Congress · 9 February 2005
Regulatory Flexibility Improvements Act - Revises the Regulatory Flexibility Act. Defines the "economic impact" of a rule to include any economic effects on small entities. Includes tribal organizations within the definition of "small governmental jurisdictions." Redefines a "small organization." Requires initial and final regulatory flexibility analyses: (1) to describe alternatives or steps taken, respectively, that maximize any significant beneficial economic impact on small entities; and (2) for revisions to land management plans, rules made on the record after opportunity for an agency hearing, and interpretive rules involving the internal revenue laws that impose a recordkeeping requirement. Requires initial analyses of a proposed rule to contain a detailed statement (1) of the reasons why a description of duplicative, overlapping, or conflicting Federal rules could not be provided; and (2) estimating the cumulative economic impact on small entities beyond that already imposed on the class of small entities by the agency or explaining why such an estimate is not available. Requires that final analyses include the agency's response to any comments filed on a rule by the Chief Counsel for Advocacy of the Small Business Administration and a detailed statement of any changes made as a result. Requires publication of analyses on agency websites. Repeals provisions setting forth procedures for waiving or delaying completion of requirements for analyses. Sets forth requirements for a report by the Chief Counsel, after a review panel is convened, assessing the impact of certain proposed rules on small entities and discussing the impact of alternatives. Requires publication by each agency of a new plan for the periodic review of its rules that have a significant impact on a substantial number of small entities to determine whether such rules should be continued, changed, or rescinded. Requires the Chief Counsel to issue rules governing agency compliance with the Act and authorizes the Chief Counsel to intervene in agency adjudications and inform the agency of the impact of its decision on small entities.
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
First Amendment Restoration Act - Amends the Federal Election Campaign Act of 1971 to repeal: (1) a requirement that persons making disbursements for electioneering communications file reports on such disbursements with the Federal Election Commission; (2) a prohibition against the making of disbursements for electioneering communications by corporations and labor organizations; and (3) a provision treating coordinated communications as contributions.
United States · United States Congress · 9 February 2005
Transportation Equity Act: A Legacy for Users - Reauthorizes the Federal-aid surface transportation program through FY 2009. Reauthorizes appropriations from the Highway Trust Fund (HTF) for: (1) specified highway (including highway safety) programs; (2) research and technology; (3) motor carrier transportation and safety; and (4) transportation research and education. Directs the Secretary of Transportation to establish a National Commission on Future Revenue Sources to Support the HTF. Establishes a National Commission on the Future of the Dwight D. Eisenhower National System of Interstate Defense Highways. Requires States with an urbanized area population of over 200,000 to obligate specified funds for congestion relief. Authorizes the Secretary to make grants to States that have enacted laws that prohibit the use of racial profiling in the enforcement of State laws regulating the use of Federal-aid highways. Federal Public Transportation Act of 2005 - Revises requirements for public transportation funding and the Secretary's authority to make specified grants, including grants for capital projects, planning, and transit and for commercial driver's license program improvements. Directs the Secretary to establish programs involving: (1) long-term bridge performance; (2) innovative highway safety technologies; (3) freight planning capacity building; (4) freight transportation research; (5) future strategic highway research; (6) surface transportation congestion solutions research; and (7) commercial remote sensing products and spatial information technologies. Intelligent Transportation Systems Act of 2005 - Directs the Secretary to conduct an ongoing intelligent system transportation research and development program. Requires: (1) metropolitan planning organizations to develop long-range transportation plans and transportation improvement programs for metropolitan planning areas; and (2) States to develop statewide transportation plans and statewide transportation improvement programs. Revises hazardous materials transportation requirements to provide uniformity in Federal standards regulating the transportation of hazardous materials in intrastate, interstate, and foreign commerce. States that this Act continues the Transportation Equity Act for the 21st Century provisions which guarantee that specified levels of authorized funding will be available for obligation each year by continuing the highway category and the mass transit category budgetary firewalls.
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
Recognizes the extraordinary contributions of the late Ossie Davis for his service to the Nation in the military, as a civil rights leader, and as an actor. Honors him as a great American and pioneer in the annals of American history. Expresses its deepest condolences upon his death to his wife Ruby Dee Davis, his other family members, and his friends.
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
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
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
Joint Committee on Agency Rule Review Act of 2005 (JCARR Act) - Amends Federal law to establish the Joint Committee on Agency Rule Review. Prescribes a procedure for expedited consideration by the House of Representatives of a joint resolution reported by such committee disapproving an agency rule.
United States · United States Congress · 2 February 2005
National Fisheries Mitigation Coordination Act - Directs a sponsor agency (the U.S. Army Corps of Engineers, the Bureau of Reclamation, or the Tennessee Valley Authority) to pay to the U.S. Fish and Wildlife Service mitigation fishery costs associated with carrying out the fishery mitigation plan for a water development project developed between the Service and one or more sponsor agencies. Defines mitigation fishery costs as the expenditures necessary to operate, maintain, and rehabilitate facilities to conduct mitigation fishery activities, including the rearing and stocking of native and nonnative fish to replace or maintain harvest levels lost as a result of Federal water resource development projects.
United States · United States Congress · 1 February 2005
National Right-to-Work Act - Amends the National Labor Relations Act and the Railway Labor Act to repeal those provisions that permit employers, pursuant to a collective bargaining agreement that is a union security agreement, to require employees to join a union as a condition of employment (including provisions permitting railroad carriers to require, pursuant to such an agreement, payroll deduction of union dues or fees as a condition of employment).
United States · United States Congress · 1 February 2005
Small Business Healthcare Savings Act - Amends the Public Health Service Act to repeal the requirement that each health insurance issuer in the small group market in a State must accept every small employer in the State that applies for such coverage.
United States · United States Congress · 25 January 2005
Unborn Child Pain Awareness Act of 2005 - Amends the Public Health Service Act to require an abortion provider, before beginning any abortion of a pain-capable unborn child (defined as an unborn child who has reached a probable stage of development of 20 weeks after fertilization), to: (1) make a specified statement to the pregnant woman that Congress has determined that there is substantial evidence that the process will cause the unborn child pain, and that the mother has the option of having pain-reducing drugs administered directly to the child; (2) provide to the woman an Unborn Child Pain Awareness Brochure (unless she waives receipt) or information on accessing such brochure on the Internet; (3) provide to the woman an Unborn Child Pain Awareness Decision Form; and (4) obtain on the form the woman's signature and her explicit request for or refusal of the administration of drugs to the child. Creates an exception for certified medical emergencies. Establishes penalties for willfully failing to comply with this Act, including civil penalties, medical license suspension, or both. Authorizes: (1) specified officials to bring suit in Federal court; and (2) private rights of action by a parent or guardian of a woman who is an unemancipated minor. Requires each State and State medical licensing authority to promulgate procedures for the revocation or suspension of a provider's license upon a court finding that the provider has violated this Act. Subjects a State that fails to implement such procedures to loss of Medicaid funding.
United States · United States Congress · 25 January 2005
Interstate 3/3rd Infantry Division Highway Initiation Act of 2005 - Directs the Secretary of Transportation to study and report to the appropriate congressional committees on the steps and estimated funding necessary to designate and construct a new interstate highway (Interstate Route I-3) for the 3rd Infantry Division 6 Highway, from Savannah, Georgia, to Knoxville, Tennessee 7 (formerly the Savannah River Parkway).
United States · United States Congress · 6 January 2005
14th/14 Amendment Interstate Highway Initiation Act - Directs the Secretary of Transportation to study and report to the appropriate congressional committees on the steps and estimated funding necessary to designate and construct a new interstate route (Interstate Route I-14) for the 14th Amendment Highway, from Augusta, Georgia, to Natchez, Mississippi, (formerly designated the Fall Line Freeway within the State of Georgia).
United States · United States Congress · 6 January 2005
Iran Freedom Support Act - States that: (1) U.S. sanctions, controls, and regulations relating to weapons of mass destruction with respect to Iran shall remain in effect until the President certifies to the appropriate congressional committees that Iran has permanently and verifiably dismantled its weapons of mass destruction programs and has committed to combating such weapons' proliferation; and (2) such certification shall have no effect on other sanctions relating to Iranian support of international terrorism. Amends the Iran and Libya Sanctions Act of 1996 to: (1) eliminate mandatory sanction provisions respecting Libya; (2) impose mandatory sanctions on a person or entity that aids Iran acquire or develop weapons of mass destruction or destabilizing types and numbers of conventional weapons; (3) revise multilateral regime reporting requirements, including provisions respecting sanctions on individuals aiding Iranian petroleum development; (4) enlarge the scope of sanctionable entities; and (5) eliminate the sunset provision. Authorizes the President to provide financial and political assistance to eligible foreign and domestic individuals and groups that support democracy in Iran and that are opposed to the Government of Iran. Expresses the sense of Congress that: (1) the President should appoint a special assistant on Iranian matters; (2) contacts should be expanded with democratic Iranian opposition groups; and (3) the President should designate at least one such eligible group within 90 days of enactment of this Act.
United States · United States Congress · 4 January 2005
Replaces the map subtitled "GA-06P", relating to the John H. Chafee Coastal Barrier Resources System unit designated as Coastal Barrier Resources System Jekyll Island Unit GA-06P, that is included in the set of maps entitled "John H.Chafee Coastal Barrier Resources System", and referred to in the Coastal Barrier Resources Act, with another map relating to the unit entitled "John H. Chafee Coastal Barrier Resources System Jekyll Island Unit GA-06P".
United States · United States Congress · 4 January 2005
NASA and JPL 50th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury, in commemoration of the 50th anniversary of the establishment of the National Aeronautics and Space Administration (NASA) and the Jet Propulsion Laboratory (JPL) to mint and issue: (1) ten dollar gold coins; (2) five dollar gold coins; (3) one dollar silver coins; and (4) half-dollar silver coins emblematic of the 50 years of exemplary and unparalleled achievements of NASA and JPL. Directs each Federal agency and U.S. instrumentality that has in its possession any craft or any part of a craft that flew in space to: (1) retrieve any gold, silver, copper, and other precious metal that may be used in the production of any coins under this Act from such craft or part; and (2) deposit such metals with the Director of the United States Mint. Requires that all sales of coins minted under this Act include a surcharge of : (1) $75 per coin for the ten dollar coin; (2) $35 per coin for the five dollar coin; (3) $10 per coin for the one dollar coin; and (4) $3 for the half-dollar coin, which shall be paid by the Secretary to the NASA Family Assistance Fund for the purposes of providing financial assistance to the families of NASA personnel who die as a result of injuries suffered in the performance of their official duties.
United States · United States Congress · 4 January 2005
Community Choice in Real Estate Act - Amends the Bank Holding Company Act of 1956, and the Revised Statutes of the United States, to prohibit the Board of Governors of the Federal Reserve System and the Secretary of the Treasury, respectively, from determining that real estate brokerage activity or real estate management activity is financial in nature, is incidental to any financial activity, or is complementary to a financial activity. (In effect, prohibits financial holding companies and national banks from engaging, directly or indirectly, in real estate brokerage or real estate management activities.) Exempts from such prohibition: (1) activities of a bank holding company (or any affiliate) that directly relate to managing any real property owned by national banks or their affiliates; and (2) the right, power, or ability of any financial holding company to engage in any activity, or acquire or retain the shares of any company engaged in an activity authorized for financial holding companies on December 6, 2001 ("grandfather clause").
United States · United States Congress · 4 January 2005
Social Security Fairness Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to repeal: (1) pension offset provisions applicable to husband's and wife's insurance benefits, widow's and widower's insurance benefits, and mother's and father's insurance benefits with respect to OASDI payments; and (2) windfall elimination provisions with respect to computation of the primary insurance amount of an individual.
![Official portrait of Rep. Westmoreland, Lynn A. [R-GA-3]](https://www.congress.gov/img/member/w000796_200.jpg)