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SECTION 1. SHORT TITLE.
This Act may be cited as the ''Lions Clubs International Century of
Service Commemorative Coin Act''.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Lions Clubs International is the world's largest service
club organization founded in 1917 by Chicago business leader Melvin
Jones. Lions Clubs International empowers volunteers to serve their
communities, meet humanitarian needs, encourage peace and promote
international understanding through Lions clubs.
(2) Today, Lions Clubs International has over 1.35 million
members in more than 45,000 clubs globally, extending its mission
of service throughout the world every day.
(3) In 1945, Lions Clubs International became one of the first
nongovernmental organizations invited to assist in drafting the
United Nations Charter and has enjoyed a special relationship with
the United Nations ever since.
(4) In 1968, Lions Clubs International Foundation was
established to assist with global and large-scale local
humanitarian projects and has since then awarded more than $700
million to fund five unique areas of service: preserving sight,
combating disability, promoting health, serving youth and providing
disaster relief.
(5) In 1990, the Lions Clubs International Foundation launched
the SightFirst program to build comprehensive eye care systems to
fight the major causes of blindness and care for the blind or
visually impaired. Thanks to the generosity of Lions worldwide,
over $415 million has been raised, resulting in the prevention of
serious vision loss in 30 million people and improved eye care for
hundreds of millions of people.
(6) On June 7, 2017, Lions Clubs International will celebrate
100 years of community service to men, women, and children in need
throughout the world.
SEC. 3. COIN SPECIFICATIONS.
(a) $1 Silver Coins.--The Secretary of the Treasury (hereafter in
this Act referred to as the ''Secretary'') shall mint and issue not
more than 400,000 $1 coins in commemoration of the centennial of the
founding of the Lions Clubs International, each of which shall--
(1) weigh 26.73 grams;
(2) have a diameter of 1.500 inches; and
(3) contain 90 percent silver and 10 percent copper.
(b) Legal Tender.--The coins minted under this Act shall be legal
tender, as provided in section 5103 of title 31, United States Code.
(c) Numismatic Items.--For purposes of sections 5134 and 5136 of
title 31, United States Code, all coins minted under this Act shall be
considered to be numismatic items.
SEC. 4. DESIGN OF COINS.
(a) Design Requirements.--
(1) In general.--The design of the coins minted under this Act
shall be emblematic of the centennial of the Lions Clubs
International.
(2) Designation and inscriptions.--On each coin minted under
this Act, there shall be--
(A) a designation of the value of the coin;
(B) an inscription of the year ''2017''; and
(C) inscriptions of the words ''Liberty'', ''In God We
Trust'', ''United States of America'', and ''E Pluribus Unum''.
(b) Selection.--The design for the coins minted under this Act
shall be--
(1) chosen by the Secretary after consultation with Lions Clubs
International Special Centennial Planning Committee and the
Commission of Fine Arts; and
(2) reviewed by the Citizens Coinage Advisory Committee.
SEC. 5. ISSUANCE OF COINS.
(a) Quality of Coins.--Coins minted under this Act shall be issued
in uncirculated and proof qualities.
(b) Mint Facility.--Only one facility of the United States Mint may
be used to strike any particular quality of the coins minted under this
Act.
(c) Period for Issuance.--The Secretary may issue coins under this
Act only during the calendar year beginning on January 1, 2017.
SEC. 6. SALE OF COINS.
(a) Sale Price.--The coins issued under this Act shall be sold by
the Secretary at a price equal to the sum of--
(1) the face value of the coins;
(2) the surcharge provided in section 7 with respect to such
coins; and
(3) the cost of designing and issuing the coins (including
labor, materials, dies, use of machinery, overhead expenses,
marketing, and shipping).
(b) Bulk Sales.--The Secretary shall make bulk sales of the coins
issued under this Act at a reasonable discount.
(c) Prepaid Orders.--
(1) In general.--The Secretary shall accept prepaid orders for
the coins minted under this Act before the issuance of such coins.
(2) Discount.--Sale prices with respect to prepaid orders under
paragraph (1) shall be at a reasonable discount.
SEC. 7. SURCHARGES.
(a) In General.--All sales of coins issued under this Act shall
include a surcharge of $10 per coin.
(b) Distribution.--Subject to section 5134(f) of title 31, United
States Code, all surcharges received by the Secretary from the sale of
coins issued under this Act shall be promptly paid by the Secretary to
the Lions Clubs International Foundation for the purposes of--
(1) furthering its programs for the blind and visually impaired
in the United States and abroad;
(2) investing in adaptive technologies for the disabled; and
(3) investing in youth and those affected by a major disaster.
(c) Audits.--The Lions Clubs International Foundation shall be
subject to the audit requirements of section 5134(f)(2) of title 31,
United States Code, with regard to the amounts received under
subsection (b).
(d) Limitation.--Notwithstanding subsection (a), no surcharge may
be included with respect to the issuance under this Act of any coin
during a calendar year if, as of the time of such issuance, the
issuance of such coin would result in the number of commemorative coin
programs issued during such year to exceed the annual 2 commemorative
coin program issuance limitation under section 5112(m)(1) of title 31,
United States Code. The Secretary may issue guidance to carry out this
subsection.
SEC. 8. FINANCIAL ASSURANCES.
The Secretary shall take such actions as may be necessary to ensure
that--
(1) minting and issuing coins under this Act will not result in
any net cost to the United States Government; and
(2) no funds, including applicable surcharges, shall be
disbursed to any recipient designated in section 7 until the total
cost of designing and issuing all of the coins authorized by this
Act (including labor, materials, dies, use of machinery, overhead
expenses, marketing, and shipping) is recovered by the United
States Treasury, consistent with sections 5112(m) and 5134(f) of
title 31, United States Code.
SEC. 9. BUDGET COMPLIANCE.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ''Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the Committee on the Budget of the House of
Representatives, provided that such statement has been submitted prior
to the vote on passage.

Speaker of the House of Representatives.

Vice President of the United States and
President of the Senate.
Lions Clubs International Century of Service Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue as legal tender up to 400,000 $1 coins in commemoration of the centennial of the founding of the Lions Clubs International. Requires the design of the coins to be emblematic of the centennial.

Permits the Secretary to issue such coins only during calendar 2017.

Requires coin sales to include a surcharge of $10 per coin, to be paid by the Secretary to the Lions Clubs International Foundation.

Subjects such Foundation to specified audit requirements with regard to the funds received from the Secretary.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Deficit Reduction Act of 2003''.

TITLE I--REFORMED BUREAU OF RECLAMATION WATER PRICING

SECTION 101. SHORT TITLE.

This Act may be cited as the ''Irrigation Subsidy Reduction Act of
2001''.

SEC. 102. FINDINGS.

Congress finds that--
(1) the Federal reclamation program has been in existence
for over 90 years, with an estimated taxpayer investment of
over $70,000,000,000;
(2) the program has had and continues to have an enormous
effect on the water resources and aquatic environments of the
western States;
(3) irrigation water made available from Federal water
projects in the West is a very valuable resource for which
there are increasing and competing demands;
(4) the justification for providing water at less than full
cost was to benefit and promote the development of small family
farms and exclude large corporate farms, but this purpose has
been frustrated over the years due to inadequate implementation
of subsidy and acreage limits;
(5) below-cost water prices tend to encourage excessive use
of scarce water supplies in the arid regions of the West, and
reasonable price increases to the wealthiest western farmers
would provide an economic incentive for greater water
conservation;
(6) the Federal Government has increasingly applied
eligibility tests based on income for Federal entitlement and
subsidy programs, measures that are consistent with the
historic approach of the reclamation program's acreage
limitations that seek to limit water subsidies to smaller
farms; and
(7) including a means test based on gross income in the
reclamation program will increase the effectiveness of carrying
out the family farm goals of the Federal reclamation laws.

SEC. 103. AMENDMENTS.

(a) Definitions.--Section 202 of the Reclamation Reform Act of 1982
(43 U.S.C. 390bb) is amended--
(1) by redesignating paragraphs (7), (8), (9), (10), and
(11) as paragraphs (9), (10), (11), (12), and (13),
respectively;
(2) in paragraph (6), by striking ''owned or operated under
a lease which'' and inserting ''that is owned, leased, or
operated by an individual or legal entity and that'';
(3) by inserting after paragraph (6) the following:
''(7) Legal entity.--The term 'legal entity' includes a
corporation, association, partnership, trust, joint tenancy, or
tenancy in common, or any other entity that owns, leases, or
operates a farm operation for the benefit of more than 1
individual under any form of agreement or arrangement.
''(8) Operator.--
''(A) In general.--The term 'operator'--
''(i) means an individual or legal entity
that operates a single farm operation on a
parcel (or parcels) of land that is owned or
leased by another person (or persons) under any
form of agreement or arrangement (or agreements
or arrangements); and
''(ii) if the individual or legal entity--
''(I) is an employee of an
individual or legal entity, includes
the individual or legal entity; or
''(II) is a legal entity that
controls, is controlled by, or is under
common control with another legal
entity, includes each such other legal
entity.
''(B) Operation of a farm operation.--For the
purposes of subparagraph (A), an individual or legal
entity shall be considered to operate a farm operation
if the individual or legal entity is the person that
performs the greatest proportion of the decisionmaking
for and supervision of the agricultural enterprise on
land served with irrigation water.''; and
(4) by adding at the end the following:
''(14) Single farm operation.--
''(A) In general.--The term 'single farm operation'
means the total acreage of land served with irrigation
water for which an individual or legal entity is the
operator.
''(B) Rules for determining whether separate
parcels are operated as a single farm operation.--
''(i) Equipment- and labor-sharing
activities.--The conduct of equipment- and
labor-sharing activities on separate parcels of
land by separate individuals or legal entities
shall not by itself serve as a basis for
concluding that the farming operations of the
individuals or legal entities constitute a
single farm operation.
''(ii) Performance of certain services.--
The performance by an individual or legal
entity of an agricultural chemical application,
pruning, or harvesting for a farm operation on
a parcel of land shall not by itself serve as a
basis for concluding that the farm operation on
that parcel of land is part of a single farm
operation operated by the individual or entity
on other parcels of land.''.
(b) Identification of Owners, Lessees, and Operators and of Single
Farm Operations.--The Reclamation Reform Act of 1982 (43 U.S.C. 390aa
et seq.) is amended by inserting after section 201 the following:

''SEC. 201A. IDENTIFICATION OF OWNERS, LESSEES, AND OPERATORS AND OF
SINGLE FARM OPERATIONS.

''(a) In General.--Subject to subsection (b), for each parcel of
land to which irrigation water is delivered or proposed to be
delivered, the Secretary shall identify a single individual or legal
entity as the owner, lessee, or operator.
''(b) Shared Decisionmaking and Supervision.--If the Secretary
determines that no single individual or legal entity is the owner,
lessee, or other individual that performs the greatest proportion of
decisionmaking for and supervision of the agricultural enterprise on a
parcel of land--
''(1) all individuals and legal entities that own, lease,
or perform a proportion of decisonmaking and supervision that
is equal as among themselves but greater than the proportion
performed by any other individual or legal entity shall be
considered jointly to be the owner, lessee, or operator; and
''(2) all parcels of land of which any such individual or
legal entity is the owner, lessee, or operator shall be
considered to be part of the single farm operation of the
owner, lessee, or operator identified under subsection (1).''.
(c) Pricing.--Section 205 of the Reclamation Reform Act of 1982 (43
U.S.C. 390ee) is amended by adding at the end the following:
''(d) Single Farm Operations Generating More Than $500,000 in Gross
Farm Income.--
''(1) In general.--Notwithstanding subsections (a), (b),
and (c), in the case of--
''(A) a qualified recipient that reports gross farm
income from a single farm operation in excess of
$500,000 for a taxable year; or
''(B) a limited recipient that received irrigation
water on or before October 1, 1981, and that reports
gross farm income from a single farm operation in
excess of $500,000 for a taxable year;
irrigation water may be delivered to the single farm
operation of the qualified recipient or limited recipient at
less than full cost to a number of acres that does not exceed
the number of acres determined under paragraph (2).
''(2) Maximum number of acres to which irrigation water may
be delivered at less than full cost.--The number of acres
determined under this subparagraph is the number equal to the
number of acres of the single farm operation multiplied by a
fraction, the numerator of which is $500,000 and
the denominator of which is the amount of gross farm income reported by
the qualified recipient or limited recipient in the most recent taxable
year.
''(3) Inflation adjustment.--
''(A) In general.--The $500,000 amount under
paragraphs (1) and (2) for any taxable year beginning
in a calendar year after 2002 shall be equal to the
product of--
''(i) $500,000, multiplied by
''(ii) the inflation adjustment factor for
the taxable year.
''(B) Inflation adjustment factor.--The term
'inflation adjustment factor' means, with respect to
any calendar year, a fraction the numerator of which is
the GDP implicit price deflator for the preceding
calendar year and the denominator of which is the GDP
implicit price deflator for 2002. Not later than April
1 of any calendar year, the Secretary shall publish the
inflation adjustment factor for the preceding calendar
year.
''(C) GDP implicit price deflator.--For purposes of
subparagraph (B), the term 'GDP implicit price
deflator' means the first revision of the implicit
price deflator for the gross domestic product as
computed and published by the Secretary of Commerce.
''(D) Rounding.--If any increase determined under
subparagraph (A) is not a multiple of $100, the
increase shall be rounded to the next lowest multiple
of $100.''.
(d) Certification of Compliance.--Section 206 of the Reclamation
Reform Act of 1982 (43 U.S.C. 390ff) is amended to read as follows:

''SEC. 206. CERTIFICATION OF COMPLIANCE.

''(a) In General.--As a condition to the receipt of irrigation
water for land in a district that has a contract described in section
203, each owner, lessee, or operator in the district shall furnish the
district, in a form prescribed by the Secretary, a certificate that the
owner, lessee, or operator is in compliance with this title, including
a statement of the number of acres owned, leased, or operated, the
terms of any lease or agreement pertaining to the operation of a farm
operation, and, in the case of a lessee or operator, a certification
that the rent or other fees paid reflect the reasonable value of the
irrigation water to the productivity of the land.
''(b) Documentation.-- The Secretary may require a lessee or
operator to submit for the Secretary's examination--
''(1) a complete copy of any lease or other agreement
executed by each of the parties to the lease or other
agreement; and
''(2) a copy of the return of income tax imposed by chapter
1 of the Internal Revenue Code of 1986 for any taxable year in
which the single farm operation of the lessee or operator
received irrigation water at less than full cost.''.
(e) Trusts.--Section 214 of the Reclamation Reform Act of 1982 (43
U.S.C. 390nn) is repealed.
(f) Administrative Provisions.--
(1) Penalties.--Section 224(c) of the Reclamation Reform
Act of 1982 (43 U.S.C. 390ww(c)) is amended--
(A) by striking ''(c) The Secretary'' and inserting
the following:
''(c) Regulations; Data Collection; Penalties.--
''(1) Regulations; data collection.--The Secretary''; and
(B) by adding at the end the following:
''(2) Penalties.--Notwithstanding any other provision of
law, the Secretary shall establish appropriate and effective
penalties for failure to comply with any provision of this Act
or any regulation issued under this Act.''.
(2) Interest.--Section 224(i) of the Reclamation Reform Act
of 1982 (43 U.S.C. 390ww(i)) is amended by striking the last
sentence and inserting the following: ''The interest rate
applicable to underpayments shall be equal to the rate
applicable to expenditures under section 202(3)(C).''.
(g) Reporting.--Section 228 of the Reclamation Reform Act of 1982
(43 U.S.C. 390zz) is amended by inserting ''operator or'' before
''contracting entity'' each place it appears.
(h) Memorandum of Understanding.--The Reclamation Reform Act of
1982 (43 U.S.C. 390aa et seq.) is amended--
(1) by redesignating sections 229 and 230 as sections 230
and 231; and
(2) by inserting after section 228 the following:

''SEC. 229. MEMORANDUM OF UNDERSTANDING.

''The Secretary, the Secretary of the Treasury, and the Secretary
of Agriculture shall enter into a memorandum of understanding or other
appropriate instrument to permit the Secretary, notwithstanding section
6103 of the Internal Revenue Code of 1986, to have access to and use of
available information collected or maintained by the Department of the
Treasury and the Department of Agriculture that would aid enforcement
of the ownership and pricing limitations of Federal reclamation law.''.

TITLE II--TERMINATION OF THE UNIFORMED SERVICES UNIVERSITY OF THE
HEALTH SCIENCES

SECTION 201. TERMINATION.

(a) In General.--The Uniformed Services University of the Health
Sciences is terminated.
(b) Conforming Amendments.--
(1) Chapter 104 of title 10, United States Code, is
repealed.
(2) The table of chapters at the beginning of subtitle A of
such title, and at the beginning of part III of such subtitle,
are each amended by striking out the item relating to chapter
104.
(c) Effective Dates.--
(1) Termination.--The termination of the Uniformed Services
University of the Health Sciences under subsection (a)(1) shall
take effect on the day after the date of the graduation from
the university of the last class of students that enrolled in
such university on or before the date of the enactment of this
Act.
(2) Amendments.--The amendments made by subsection (a)(2)
shall take effect on the date of the enactment of this Act,
except that the provisions of chapter 104 of title 10, United
States Code, as in effect on the day before such date, shall
continue to apply with respect to the Uniformed Services
University of the Health Sciences until the termination of the
university under this section.

TITLE III--TERMINATION OF PRODUCTION UNDER THE D5 SUBMARINE-LAUNCHED
MISSILE PROGRAM

SECTION 301. PRODUCTION TERMINATION.

(a) Termination of Program.--The Secretary of Defense shall
terminate production of D5 submarine-launched ballistic missiles under
the D5 submarine-launched ballistic missile program.
(b) Payment of Termination Costs.--Funds available on or after the
date of the enactment of this Act for obligation for the D5 submarine-
launched ballistic missile program may be obligated for production
under that program only for payment of the costs associated with the
termination of production under this Act.

SEC. 302. CURRENT PROGRAM ACTIVITIES.

Nothing in this legislation shall be construed to prohibit or
otherwise affect the availability of funds for the following:
(1) Production of D5 submarine-launched ballistic missiles
in production on the date of the enactment of this Act.
(2) Maintenance after the date of the enactment of this Act
of the arsenal of D5 submarine-launched ballistic missiles in
existence on such date, including the missiles described in
paragraph (1).
Deficit Reduction Act of 2003 - Irrigation Subsidy Reduction Act of 2001 (sic) - Amends the Reclamation Reform Act of 1982 to direct the Secretary of the Interior, for each parcel of land to which irrigation water is delivered or proposed to be delivered, to identify a single individual or legal entity as the owner, lessee, or operator.Allows irrigation water to be delivered at less than the normal per-acre cost to either: (1) a qualified recipient that reports gross farm income from a single farm operation in excess of $500,000 per taxable year; or (2) a limited recipient that received such water on or before October 1, 1981, and that reports gross farm income in excess of such amount.Requires lessees (currently, only owners and operators) of an irrigation district to furnish such district a certification of compliance with the Act. Allows the Secretary to require a lessee or operator to submit for examination a copy of a tax return for any taxable year in which the single farm operation of the lessee or operator received irrigation water at less than full cost.Repeals a provision exempting from Federal reclamation ownership and cost pricing limitations district lands held in trust for a beneficiary or beneficiaries whose interests in the lands served do not exceed such limitations.Directs the Secretaries of the Interior, the Treasury, and Agriculture to enter into a memorandum of understanding to permit the Secretary of the Interior to have access to and use available information collected or maintained by either the Department of the Treasury or Agriculture that would aid in enforcement of the ownership and pricing limitations of Federal reclamation law.Terminates the Uniformed Services University of Health Science.Requires the Secretary of Defense to terminate production of D5 submarine-launched ballistic missiles under the D5 submarine-launched ballistic missile program.

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.
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.