In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Q: SECTION 1. DENIAL OF CASH BENEFITS TO DRUG ADDICTS AND ALCOHOLICS.

    (a) Amendments Relating to Title II Disability Benefits.--
            (1) In general.--Section 225(c) of the Social Security Act 
        (42 U.S.C. 425(c)) is amended--
                    (A) by striking ``(c)(1)(A)'' and inserting 
                ``(2)(A)'';
                    (B) by striking paragraph (7) and by redesignating 
                paragraphs (2) through (6) as paragraphs (3) through 
                (7), respectively; and
                    (C) by inserting before paragraph (2) as 
                redesignated by subparagraph (A) the following new 
                paragraph:
    ``(c)(1) No cash benefits shall be payable under this title to any 
individual who is otherwise entitled to benefits under this title based 
on disability, if such individual's alcoholism or drug addiction is a 
contributing factor material to the Commissioner's determination that 
such individual is disabled.''.
            (2) Treatment Requirements.--
                    (A) Section 225(c)(2)(A) of such Act (42 U.S.C. 
                425(c)(2)(A)), as redesignated by paragraph (1), is 
                amended to read as follows:
    ``(2)(A)(i) Any individual who would be entitled to cash benefits 
under this title but for the application of paragraph (1) may elect to 
comply with the provisions of this subsection.
            ``(ii) Any individual who is entitled to cash benefits 
        under this title by reason of disability (or whose entitlement 
        to such benefits is suspended), and who was entitled to such 
        benefits by reason of disability, for which such individual's 
        alcoholism or drug addiction was a contributing factor material 
        to the Commissioner's determination that such individual was 
        disabled, for the month preceding the month in which this 
        paragraph takes effect, shall be required to comply with the 
        provisions of this subsection.
                    (B) Section 225(c)(2)(B) of such Act (42 U.S.C. 
                425(c)(2)(B)), as so redesignated, is amended--
                            (i) by striking ``who is required under 
                        subparagraph (A)'' and inserting ``described in 
                        clause (ii) of subparagraph (A) who is 
                        required''; and
                            (ii) by striking ``paragraph (3)'' and 
                        inserting ``paragraph (4)''.
                    (C) Section 225(c)(3)(A) of such Act (42 U.S.C. 
                425(c)(3)(A)), as so redesignated, is amended--
                            (i) by striking ``paragraph (1)'' and 
                        inserting ``paragraph (2)(A)''; and
                            (ii) by striking ``paragraph (5)'' and 
                        inserting ``paragraph (6)''.
                    (D) Section 225(c)(3)(B) of such Act (42 U.S.C. 
                425(c)(3)(B)), as so redesignated, is amended by 
                striking ``paragraph (1)'' and inserting ``paragraph 
                (2)(A)''.
                    (E) Section 225(c)(5) of such Act (42 U.S.C. 
                425(c)(5)), as so redesignated, is amended by striking 
                ``paragraph (2)'' and inserting ``paragraph (3)''.
                    (F) Section 225(c)(6)(A) of such Act (42 U.S.C. 
                425(c)(6)(A), as so redesignated, is amended--
                            (i) by striking ``who are receiving 
                        benefits under this title and who as a 
                        condition of payment of such benefits'' and 
                        inserting ``described in paragraph (2)(A)(i) 
                        who elect to undergo treatment; and the 
                        monitoring and testing of all individuals 
                        described in paragraph (2)(A)(ii) who'';
                            (ii) by striking ``under paragraph (1)''; 
                        and
                            (iii) by striking ``paragraph (2)(A)'' and 
                        inserting ``paragraph (3)(A)''.
                    (G) Section 225(c)(6)(C)(ii)(I) of such Act (42 
                U.S.C. 425(c)(6)(C)(ii)(I)), as so redesignated, is 
                amended--
                            (i) by striking ``residing in the State'' 
                        and all that follows through ``they are 
                        disabled'' and inserting ``described in 
                        paragraph (2)(A) residing in the State''; and
                            (ii) by striking ``paragraph (2)(A)'' and 
                        inserting ``paragraph (3)(A)''.
                    (H) Section 225(c)(6)(C)(ii)(III) of such Act (42 
                U.S.C. 425(c)(6)(C)(ii)(III)), as so redesignated, is 
                amended by striking ``paragraph (2)(A)'' and inserting 
                ``paragraph (3)(A)''.
                    (I) Section 225(c)(6)(C) of such Act (42 U.S.C. 
                425(c)(6)(C)), as so redesignated, is amended by adding 
                at the end the following:
    ``(iii) The monitoring requirements of clause (ii) shall not apply 
in the case of any individual described in paragraph (2)(A)(i) who 
fails to comply with the requirements of paragraph (2).''.
                    (J) Section 225(c)(7) of such Act (42 U.S.C. 
                425(c)(7)), as so redesignated, is amended--
                            (i) in subparagraph (A), by striking ``who 
                        is entitled'' and all that follows through ``is 
                        under a disability'' and inserting ``described 
                        in paragraph (2)(A)''; and
                            (ii) in subparagraph (D), by striking ``(4) 
                        or (7)'' and inserting ``(5)''.
                    (K) Section 225(c)(8) of such Act (42 U.S.C. 
                425(c)(8)) is amended by striking ``(1), (4) or (7)'' 
                and inserting ``(2) or (5)''.
                    (L) Section 225(c) of such Act (42 U.S.C. 425(c)) 
                is amended by adding at the end the following new 
                paragraphs:
    ``(10) The Commissioner shall provide appropriate notification to 
each individual subject to the limitation on cash benefits contained in 
paragraph (1) and the treatment provisions contained in paragraph (2).
    ``(11) The requirements of paragraph (2) shall cease to apply to 
any individual if the Commissioner determines that such individual no 
longer needs treatment.''.
            (3) Representative payee requirements.--
                    (A) Section 205(j)(1)(B) of such Act (42 U.S.C. 
                405(j)(1)(B)) is amended to read as follows:
    ``(B) In the case of an individual entitled to benefits based on 
disability, the payment of such benefits shall be made to a 
representative payee if the Commissioner of Social Security determines 
that such payment would serve the interest of the individual because 
the individual also has an alcoholism or drug addiction condition (as 
determined by the Commissioner) and the individual is incapable of 
managing such benefits.''.
                    (B) Section 205(j)(2)(C)(v) of such Act (42 U.S.C. 
                405(j)(2)(C)(v)) is amended by striking ``entitled to 
                benefits'' and all that follows through ``under a 
                disability'' and inserting ``described in paragraph 
                (1)(B)''.
                    (C) Section 205(j)(2)(D)(ii)(II) of such Act (42 
                U.S.C. 405(j)(2)(D)(ii)(II)) is amended by striking all 
                that follows ``15 years, or'' and inserting ``described 
                in paragraph (1)(B).''.
                    (D) Section 205(j)(4)(A)(i)(II) of such Act (42 
                U.S.C. 405(j)(4)(A)(ii)(II)) is amended by striking 
                ``entitled to benefits'' and all that follows through 
                ``under a disability'' and inserting ``described in 
                paragraph (1)(B)''.
    (b) Amendments Relating to SSI Benefits.--
            (1) In general.--Section 1611(e)(3) of the Social Security 
        Act (42 U.S.C. 1382(e)(3)) is amended--
                    (A) by striking ``(B)'' and inserting ``(C)'';
                    (B) by striking ``(3)(A)'' and inserting ``(B)''; 
                and
                    (C) by inserting before subparagraph (B) as 
                redesignated by paragraph (2) the following new 
                subparagraph:
    ``(3)(A) No cash benefits shall be payable under this title to any 
individual who is otherwise eligible for benefits under this title by 
reason of disability, if such individual's alcoholism or drug addiction 
is a contributing factor material to the Commissioner's determination 
that such individual is disabled.''.
            (2) Treatment requirements.--
                    (A) Section 1611(e)(3)(B)(i)(I) of such Act (42 
                U.S.C. 1382(e)(3)(B)(i)(I)), as redesignated by 
                paragraph (1), is amended to read as follows:
    ``(B)(i)(I)(aa) Any individual who would be eligible for cash 
benefits under this title but for the application of subparagraph (A) 
may elect to comply with the provisions of this subparagraph.
            ``(bb) Any individual who is eligible for cash benefits 
        under this title by reason of disability (or whose eligibility 
        for such benefits is suspended) or is eligible for benefits 
        pursuant to section 1619(b), and who was eligible for such 
        benefits by reason of disability, for which such individual's 
        alcoholism or drug addiction was a contributing factor material 
        to the Commissioner's determination that such individual was 
        disabled, for the month preceding the month in which this 
        subparagraph takes effect, shall be required to comply with the 
        provisions of this subparagraph.''.
                    (B) Section 1611(e)(3)(B)(i)(II) of such Act (42 
                U.S.C. 1382(e)(3)(B)(i)(II)), as so redesignated, is 
                amended by striking ``who is required under subclause 
                (I)'' and inserting ``described in division (bb) of 
                subclause (I) who is required''.
                    (C) Subclauses (I) and (II) of section 
                1611(e)(3)(B)(ii) of such Act (42 U.S.C. 
                1382(e)(3)(B)(ii)), as so redesignated, are each 
                amended by striking ``clause (i)'' and inserting 
                ``clause (i)(I)''.
                    (D) Section 1611(e)(3)(B) of such Act (42 U.S.C. 
                1382(e)(3)(B)), as so redesignated, is amended by 
                striking clause (v) and by redesignating clause (vi) as 
                clause (v).
                    (E) Section 1611(e)(3)(B)(v) of such Act (42 U.S.C. 
                1382(e)(3)(B)(v)), as redesignated by subparagraph (D), 
                is amended--
                            (i) in subclause (I), by striking ``who is 
                        eligible'' and all that follows through ``is 
                        disabled'' and inserting ``described in clause 
                        (i)(I)''; and
                            (ii) in subclause (V), by striking ``or 
                        (v)''.
                    (F) Section 1611(e)(3)(C)(i) of such Act (42 U.S.C. 
                1382(e)(3)(C)(i)), as redesignated by paragraph (1), is 
                amended by striking ``who are receiving benefits under 
                this title and who as a condition of such benefits'' 
                and inserting ``described in subparagraph (B)(i)(I)(aa) 
                who elect to undergo treatment; and the monitoring and 
                testing of all individuals described in subparagraph 
                (B)(i)(I)(bb) who''.
                    (G) Section 1611(e)(3)(C)(iii)(II)(aa) of such Act 
                (42 U.S.C. 1382(e)(3)(C)(iii)(II)(aa)), as so 
                redesignated, is amended by striking ``residing in the 
                State'' and all that follows through ``they are 
                disabled'' and inserting ``described in subparagraph 
                (B)(i)(I) residing in the State''.
                    (H) Section 1611(e)(3)(C)(iii) of such Act (42 
                U.S.C. 1382(e)(3)(C)(iii)), as so redesignated, is 
                amended by adding at the end the following:
    ``(III) The monitoring requirements of subclause (II) shall not 
apply in the case of any individual described in subparagraph 
(B)(i)(I)(aa) who fails to comply with the requirements of subparagraph 
(B).''.
                    (I) Section 1611(e)(3) of such Act (42 U.S.C. 
                1382(e)(3)), as amended by paragraph (1), is amended by 
                adding at the end the following new subparagraphs:
    ``(D) The Commissioner shall provide appropriate notification to 
each individual subject to the limitation on cash benefits contained in 
subparagraph (A) and the treatment provisions contained in subparagraph 
(B).
    ``(E) The requirements of subparagraph (B) shall cease to apply to 
any individual if the Commissioner determines that such individual no 
longer needs treatment.''.
            (3) Representative payee requirements.--
                    (A) Section 1631(a)(2)(A)(ii)(II) of such Act (42 
                U.S.C. 1383(a)(2)(A)(ii)(II)) is amended to read as 
                follows:
    ``(II) In the case of an individual eligible for benefits under 
this title by reason of disability, the payment of such benefits shall 
be made to a representative payee if the Commissioner of Social 
Security determines that such payment would serve the interest of the 
individual because the individual also has an alcoholism or drug 
addiction condition (as determined by the Commissioner) and the 
individual is incapable of managing such benefits.''.
                    (B) Section 1631(a)(2)(B)(vii) of such Act (42 
                U.S.C. 1383(a)(2)(B)(vii)) is amended by striking 
                ``eligible for benefits'' and all that follows through 
                ``is disabled'' and inserting ``described in 
                subparagraph (A)(ii)(II)''.
                    (C) Section 1631(a)(2)(B)(ix)(II) of such Act (42 
                U.S.C. 1383(a)(2)(B)(ix)(II)) is amended by striking 
                all that follows ``15 years, or'' and inserting 
                ``described in subparagraph (A)(ii)(II).''.
                    (D) Section 1631(a)(2)(D)(i)(II) of such Act (42 
                U.S.C. 1383(a)(2)(D)(i)(II)) is amended by striking 
                ``eligible for benefits'' and all that follows through 
                ``is disabled'' and inserting ``described in 
                subparagraph (A)(ii)(II)''.
            (4) Preservation of medicaid eligibility.--Section 1634(e) 
        of such Act (42 U.S.C. 1382(e)) is amended--
                    (A) by striking ``clause (i) or (v) of section 
                1611(e)(3)(A)'' and inserting ``subparagraph (A) or 
                subparagraph (B)(i)(II) of section 1611(e)(3)''; and
                    (B) by adding at the end the following: ``This 
                subsection shall cease to apply to any such person if 
                the Commissioner determines that such person no longer 
                needs treatment.''.
            (5) Conforming amendment.--Section 201(c) of the Social 
        Security Independence and Program Improvements Act of 1994 (42 
        U.S.C. 425 note) is repealed.
    (c) Effective Dates.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by this section shall apply to applicants for 
        benefits under title II or title XVI of the Social Security Act 
        for months beginning on or after the date of the enactment of 
        this Act, without regard to whether regulations have been 
        issued to implement such amendments.
            (2) Application to current recipients.--Notwithstanding any 
        other provision of law, in the case of an individual who is 
        receiving benefits under title II of the Social Security Act or 
        supplemental security income benefits under title XVI of such 
        Act as of the date of the enactment of this Act and whose 
        entitlement or eligibility for such benefits would terminate by 
        reason of the amendments made by this section, such amendments 
        shall apply with respect to the benefits of such individual for 
        months beginning on or after January 1, 1997, and the 
        Commissioner of Social Security shall so notify the individual 
        not later than 90 days after the date of the enactment of this 
        Act.
            (3) Benefits under title xvi.--For purposes of this 
        subsection, the term ``benefits under title XVI of the Social 
        Security Act'' includes supplementary payments pursuant to an 
        agreement for Federal administration under section 1616(a) of 
        the Social Security Act, and payments pursuant to an agreement 
        entered into under section 212(b) of Public Law 93-66.

A: Denies monthly cash disability benefits under titles II (Old Age, Survivors and Disability Insurance) (OASDI) and XVI (Supplemental Security Income) (SSI), respectively, of the Social Security Act for drug addicts and alcoholics whose substance abuse is a contributing factor material to their disability.  Allows such individuals, instead, to elect to undergo treatment for their substance abuse. (Currently, such recipients are required to undergo treatment only at approved facilities or institutions.) 
Revises OASDI and SSI program representative payee requirements to require the payment of program benefits through a representative payee if it is in the interest of an otherwise disabled individual with an alcohol or drug addiction condition who is incapable of managing such benefits. 
Preserves the Medicaid eligibility of SSI recipients denied cash disability benefits because of the connection between their drug addiction or alcoholism and their disability.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Year 2000 Act''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) Electronic data exchanges are used extensively to 
        transfer information between computer systems. Federal agencies 
        now depend on electronic data exchanges to execute programs and 
        facilitate commerce. Consequently, as computer systems are 
        converted to process Year 2000 dates, the associated data 
        exchanges must also be made Year 2000 compliant.
            (2) The testing and implementation of new data exchanges 
        must be closely coordinated with exchange partners to be 
        completed effectively. If Year 2000 data exchanges do not 
        function properly, data will not be exchanged between systems, 
        or invalid data could cause receiving computer systems to 
        malfunction or produce inaccurate computations.
            (3) The United States 381,000 small manufacturers 
        contribute more than half of the country's total value in 
        manufacturing. However, as of 1997, 88 percent of all companies 
        with fewer than 2,000 employees had not yet started Year 2000 
        remediation projects.
            (4) As small manufacturers are an integral part of the 
        business supply chain, it is imperative that their computer 
        systems are Year 2000 compliant to prevent disruption to the 
        country's manufacturing base.
            (5) The economic well being of the United States is 
        interdependent with the economic well being of other nations of 
        the world. There is very little information on the level of 
        Year 2000 preparedness by other countries and the potential 
        impact on the United States economy. Therefore, to prevent 
        economic disruption in the United States, the Year 2000 
        computer problem must be addressed on a global scale.
            (6) Consumer awareness of the potential and extent of 
        failure of computer hardware, software, and embedded microchips 
        found in many consumer products resulting from the Year 2000 
        problem is small.
            (7) Currently, there is no information to guide consumers 
        in the purchase of Year 2000 compliant consumer goods or to 
        ensure that their existing goods are Year 2000 complaint.

SEC. 3. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``end-to-end testing'' means testing data 
        exchange software with respect to--
                    (A) the initiation of the exchange by sending 
                computers;
                    (B) transmission through intermediate 
                communications software and hardware; and
                    (C) receipt and acceptance by receiving computers;
            (2) the term ``small and medium-sized businesses'' means 
        businesses with less than 500 employees;
            (3) the term ``Year 2000 compliant'' means, with respect to 
        information technology, that the information technology 
        accurately processes (including calculating, comparing, and 
        sequencing) date and time data from, into, and between the 20th 
        and 21st centuries and the years 1999 and 2000, and leap year 
        calculations, to the extent that other information technology 
        properly exchanges date and time data with it; and
            (4) the term ``Year 2000 computer problem'' means the 
        potential problems that might be encountered in any level of 
        computer hardware and software from microcode to application 
        programs, files, and databases that need to correctly interpret 
        year date data represented in 2-digit-year format.

SEC. 4. FEDERAL AGENCY ACTIONS.

    To ensure that all computer operations and processing can be 
provided without interruption by Federal agencies after December 31, 
1999, the head of each Federal agency shall--
            (1) take actions necessary to ensure that all systems and 
        hardware administered by the agency are Year 2000 compliant, to 
        the extent necessary to ensure that no significant disruption 
        of the operations of the agency or of the agency's data 
        exchange partners occurs, including--
                    (A) establishing, before March 1, 1999, schedules 
                for testing and implementing new data exchange formats 
                for completing all data exchange corrections, which may 
                include national test days for end-to-end testing of 
                critical processes and associated data exchanges 
                affecting Federal, State, and local governments;
                    (B) notifying data exchange partners of the 
                implications to the agency and the exchange partners if 
                they do not make appropriate date conversion 
                corrections in time to meet the Federal schedule for 
                implementing and testing Year 2000 compliant data 
                exchange processes;
                    (C) giving priority to installing filters necessary 
                to prevent the corruption of mission-critical systems 
                from data exchanges with noncompliant systems; and
                    (D) developing and implementing, as part of the 
                agency's continuity and contingency planning efforts, 
                specific provisions for data exchanges that may fail, 
                including strategies to mitigate operational 
                disruptions if data exchange partners do not make 
                timely date conversion corrections;
            (2) beginning not later than 30 days after the date of the 
        enactment of this Act, convene meetings at least quarterly with 
        representatives of the agency's data exchange partners to 
        assess implementation progress; and
            (3) after each meeting convened pursuant to paragraph (2), 
        transmit to the Congress a report summarizing--
                    (A) the results of that meeting; and
                    (B) the status of the agency's completion of key 
                data exchange corrections, including the extent of data 
                exchange inventoried, an assessment of data exchange 
                formats agreed to with data exchange partners, testing 
                and implementation schedules, and testing and 
                implementation completed.

SEC. 5. ASSISTANCE FOR SMALL AND MEDIUM-SIZED BUSINESSES.

    To ensure that the Nation's small and medium-sized businesses are 
prepared to meet the Year 2000 computer problem challenge, the National 
Institute of Standards and Technology, in conjunction with the Small 
Business Administration, shall develop a Year 2000 compliance outreach 
program to assist small and medium-sized businesses. Such program shall 
include--
            (1) the development of a Year 2000 self-assessment 
        checklist;
            (2) an explanation of the Year 2000 computer problem and an 
        identification of best practices for resolving the problem;
            (3) a list of Federal Government Year 2000 information 
        resources; and
            (4) a list of Year 2000 compliant products provided by the 
        General Services Administration.

SEC. 6. INTERNATIONAL ASSESSMENT.

    Within 6 months after the date of the enactment of this Act, the 
Under Secretary of Commerce for Technology, in conjunction with other 
relevant Federal agencies, shall transmit to the Congress a report 
assessing the international implications of the Year 2000 computer 
problem. Such report shall include--
            (1) an assessment of Year 2000 compliance by the United 
        States major trading partners;
            (2) a description of efforts by the United States to share 
        best practices with other countries;
            (3) the economic implications on world trade and the United 
        States economy of the Year 2000 computer problem, including an 
        identification of impacted United States industrial sectors and 
        Federal agencies; and
            (4) a summary of participation by Federal agencies in 
        international fora addressing the Year 2000 computer problem.

SEC. 7. CONSUMER AWARENESS.

    To ensure that the Nation's consumers are aware of and prepared to 
meet the Year 2000 computer problem challenge, the Under Secretary of 
Commerce for Technology shall develop a Year 2000 consumer awareness 
program to assist the public in becoming aware of the implications of 
the Year 2000 computer problem. Such program shall include--
            (1) the development of a Year 2000 self-assessment 
        checklist;
            (2) a list of Federal Government Year 2000 computer problem 
        information resources;
            (3) a list of Year 2000 compliant products provided by the 
        General Services Administration;
            (4) a series of public awareness announcements or seminars 
        on the impact of the Year 2000 computer problem on consumer 
        products and services; and
            (5) a series of public awareness announcements or seminars 
        on the potential effect that the Year 2000 computer problem 
        could have on the provision of services by the Federal 
        Government to the public, and the progress made in resolving 
        the problem by the Federal agencies providing those services.

A: Year 2000 Act - Requires the head of each Federal agency to:  (1) take actions necessary to ensure that all systems and hardware administered by the agency are Year 2000 compliant to the extent necessary to ensure that no significant disruption of the agency's operations or data exchange partners occurs; and (2) convene, at least quarterly, and report to the Congress on, meetings with representatives of the agency's data exchange partners to assess implementation progress. 
Directs the National Institute of Standards and Technology, in conjunction with the Small Business Administration, to develop a Year 2000 compliance outreach program to assist the Nation's small and medium-sized businesses to ensure that such businesses are prepared to meet the Year 2000 computer problem (Y2K problem) challenge. 
Requires the Under Secretary of Commerce for Technology:  (1) in conjunction with other relevant Federal agencies, to transmit to the Congress a report assessing the international implications of the Year 2000 computer problem; and (2) to develop a Year 2000 consumer awareness program to assist the public in becoming aware of the implications of such problem.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commonsense Consumption Act of 
2005''.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the food and beverage industries are a significant part 
        of our national economy;
            (2) the activities of manufacturers and sellers of foods 
        and beverages substantially affect interstate and foreign 
        commerce;
            (3) a person's weight gain, obesity, or a health condition 
        associated with a person's weight gain or obesity is based on a 
        multitude of factors, including genetic factors and the 
        lifestyle and physical fitness decisions of individuals, such 
        that a person's weight gain, obesity, or a health condition 
        associated with a person's weight gain or obesity cannot be 
        attributed solely to the consumption of any specific food or 
        beverage; and
            (4) because fostering a culture of acceptance of personal 
        responsibility is one of the most important ways to promote a 
        healthier society, lawsuits seeking to blame individual food 
        and beverage providers for a person's weight gain, obesity, or 
        a health condition associated with a person's weight gain or 
        obesity are not only legally frivolous and economically 
        damaging, but also harmful to a healthy America.
    (b) Purpose.--The purpose of this Act is to allow Congress, State 
legislatures, and regulatory agencies to determine appropriate laws, 
rules, and regulations to address the problems of weight gain, obesity, 
and health conditions associated with weight gain or obesity.

SEC. 3. PRESERVATION OF SEPARATION OF POWERS.

    (a) In General.--A qualified civil liability action may not be 
brought in any Federal or State court.
    (b) Dismissal of Pending Actions.--A qualified civil liability 
action that is pending on the date of the enactment of this Act shall 
be dismissed immediately by the court in which the action was brought 
or is currently pending.
    (c) Discovery.--
            (1) Stay.--In any action that is allegedly of the type 
        described in section 4(5)(B) seeking to impose liability of any 
        kind based on accumulative acts of consumption of a qualified 
        product, the obligation of any party or non-party to make 
        disclosures of any kind under any applicable rule or order, or 
        to respond to discovery requests of any kind, as well as all 
        proceedings unrelated to a motion to dismiss, shall be stayed 
        prior to the time for filing a motion to dismiss and during the 
        pendency of any such motion, unless the court finds upon motion 
        of any party that a response to a particularized discovery 
        request is necessary to preserve evidence or to prevent undue 
        prejudice to that party.
            (2) Responsibility of parties.--During the pendency of any 
        stay of discovery under paragraph (1), the responsibilities of 
        the parties with regard to the treatment of all documents, data 
        compilations (including electronically recorded or stored 
        data), and tangible objects shall be governed by applicable 
        Federal or State rules of civil procedure. A party aggrieved by 
        the failure of an opposing party to comply with this paragraph 
        shall have the applicable remedies made available by such 
        applicable rules, provided that no remedy shall be afforded 
        that conflicts with the terms of paragraph (1).
    (d) Pleadings.--In any action that is allegedly of the type 
described in section 4(5)(B) seeking to impose liability of any kind 
based on accumulative acts of consumption of a qualified product, the 
complaint initiating such action shall state with particularity--
            (1) each element of the cause of action;
            (2) the Federal and State statutes or other laws that were 
        allegedly violated;
            (3) the specific facts alleged to constitute the claimed 
        violation of law; and
            (4) the specific facts alleged to have caused the claimed 
        injury.
    (e) Rule of Construction.--No provision of this Act shall be 
construed to create a public or private cause of action or remedy.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Engaged in the business.--The term ``engaged in the 
        business'' means a person who manufactures, markets, 
        distributes, advertises, or sells a qualified product in the 
        person's regular course of trade or business.
            (2) Manufacturer.--The term ``manufacturer'' means, with 
        respect to a qualified product, a person who is lawfully 
        engaged in the business of manufacturing the product.
            (3) Person.--The term ``person'' means any individual, 
        corporation, company, association, firm, partnership, society, 
        joint stock company, or any other entity, including any 
        governmental entity.
            (4) Qualified product.--The term ``qualified product'' 
        means a food (as defined in section 201(f) of the Federal Food, 
        Drug, and Cosmetic Act (21 U.S.C. 321(f))).
            (5) Qualified civil liability action.--
                    (A) In general.--Subject to subparagraph (B), the 
                term ``qualified civil liability action'' means a civil 
                action brought by any person against a manufacturer, 
                marketer, distributor, advertiser, or seller of a 
                qualified product, or a trade association, for damages, 
                penalties, declaratory judgment, injunctive or 
                declaratory relief, restitution, or other relief 
                arising out of, or related to a person's accumulated 
                acts of consumption of a qualified product and weight 
                gain, obesity, or a health condition that is associated 
                with a person's weight gain or obesity, including an 
                action brought by a person other than the person on 
                whose weight gain, obesity, or health condition the 
                action is based, and any derivative action brought by 
                or on behalf of any person or any representative, 
                spouse, parent, child, or other relative of that 
                person.
                    (B) Exception.--A qualified civil liability action 
                shall not include--
                            (i) an action based on allegations of 
                        breach of express contract or express warranty, 
                        provided that the grounds for recovery being 
                        alleged in such action are unrelated to a 
                        person's weight gain, obesity, or a health 
                        condition associated with a person's weight 
                        gain or obesity;
                            (ii) an action based on allegations that--
                                    (I) a manufacturer or seller of a 
                                qualified product knowingly violated a 
                                Federal or State statute applicable to 
                                the marketing, advertisement, or 
                                labeling of the qualified product with 
                                intent for a person to rely on that 
                                violation;
                                    (II) such person individually and 
                                justifiably relied on that violation; 
                                and
                                    (III) such reliance was the 
                                proximate cause of injury related to 
                                that person's weight gain, obesity, or 
                                a health condition associated with that 
                                person's weight gain or obesity; or
                            (iii) an action brought by the Federal 
                        Trade Commission under the Federal Trade 
                        Commission Act (15 U.S.C. 41 et seq.) or by the 
                        Federal Food and Drug Administration under the 
                        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
                        301 et seq.).
            (6) Seller.--The term ``seller'' means, with respect to a 
        qualified product, a person lawfully engaged in the business of 
        marketing, distributing, advertising, or selling a qualified 
        product.
            (7) State.--The term ``State'' includes each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, American 
        Samoa, and the Commonwealth of the Northern Mariana Islands, 
        and any other territory or possession of the United States, and 
        any political subdivision of any such place.
            (8) Trade association.--The term ``trade association'' 
        means any association or business organization (whether or not 
        incorporated under Federal or State law) that is not operated 
        for profit, and 2 or more members of which are manufacturers, 
        marketers, distributors, advertisers, or sellers of a qualified 
        product.

A:
Commonsense Consumption Act of 2005 - Prohibits new and dismisses pending civil actions by any person against a manufacturer, marketer, distributor, advertiser, or seller of food or a trade association for any injury related to a person's accumulated acts of consumption of food and weight gain, obesity, or any associated health condition, excluding actions alleging: (1) a breach of express contract or express warranty provided that the grounds of recovery are unrelated to a person's weight gain, obesity, or related health condition; (2) a knowing violation of a federal or state statute applicable to the marketing, advertisement, or labeling of food with intent for a person to rely on that violation, where such person relied on that violation, and where such reliance was the proximate cause of injury related to that person's weight gain, obesity, or related health condition; or (3) a violation brought by the Federal Trade Commission (FTC) under the Federal Trade Commission Act or by the Food and Drug Administration (FDA) under the Federal Food, Drug, and Cosmetic Act.

Requires in any excluded action: (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) evidence preservation during the stay. Requires the complaint in such an action to plead with particularity: (1) each element of the cause of action; (2) the Federal and State statutes that were allegedly violated; (3) the specific facts alleged to constitute the violation of law; and (4) the specific facts that are alleged to have caused the claimed injury.
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