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
College Fire Prevention Act - Directs the Secretary of Education to make competitive demonstration grants to private or public colleges or universities, fraternities, or sororities for up to half the cost of installing fire sprinkler systems, or other fire suppression or prevention technologies, in student housing and dormitories owned or controlled by such entities. Requires grant priority to be given eligible entities that demonstrate the greatest financial need. Reserves the following portions of grant funds made available for each fiscal year: (1) at least ten percent for eligible entities that are historically Black colleges and universities, Hispanic-serving institutions, and tribally controlled colleges and universities; and (2) at least ten percent for eligible entities that are social fraternities and sororities. Provides that any application for assistance under this Act, any negative determination on the part of the Secretary with respect to such application, or any statement of reasons for the determination, shall not be admissible as evidence in any proceeding of any court, agency, board, or other entity (except a proceeding to enforce an agreement entered into between the Secretary and an eligible entity under this Act).
United States · United States Congress · 4 January 2005
National Security Language Act - Amends the Higher Education Act of 1965 (HEA) to establish programs to encourage early foreign language instruction, including grants to: (1) partnerships of institutions of higher education (IHEs) and local educational agencies (LEAs) for activities relating to foreign language instruction at elementary or secondary schools, with priorities for high-need LEAs and less-commonly taught foreign languages; and (2) IHEs that develop innovative programs for the teaching of foreign languages, with priorities for combining foreign languages with science and technology and for less-commonly taught foreign languages. Provides undergraduate student loan forgiveness of up to $10,000 for students who major in a critical foreign language and are employed as teachers of such language in elementary or secondary schools or as using such language regularly in a Federal agency. Directs the Secretary of Education to: (1) establish a foreign language education marketing campaign to encourage students at secondary schools and IHEs to study foreign languages, particularly ones less commonly taught and critical to national security; and (2) conduct a study to identify foreign language heritage communities and recruit speakers of such critical languages. Amends the David L. Boren National Security Education Act of 1991 to establish an International Flagship Language Initiative with grants to IHEs.
United States · United States Congress · 4 January 2005
Fairness to All Vietnam Veterans Act - Directs the Secretary of Defense to study and report to Congress: (1) to identify veterans who died after October 31, 1955, as a result of military operations in southeast Asia whose names are not eligible for inscription on the Vietnam Veterans Memorial; and (2) on the feasibility and equitability of revising the eligibility requirements to be more inclusive of such veterans or of creating an alternative means for recognizing them, including alternatives involving an education center at the Memorial.
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.
United States · United States Congress · 4 January 2005
Belated Thank You to the Merchant Mariners of World War II Act of 2005 - Directs the Secretary of Veterans Affairs to pay a monthly benefit of $1,000 to certain honorably-discharged veterans of the U.S. Merchant Marine who served between December 7, 1941, and December 31, 1946 (or to their survivors). Includes service in the Army Transport Service and the Naval Transport Service. Exempts benefits paid under this Act from taxation. Provides for benefits for World War II Merchant Mariners under title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act.
United States · United States Congress · 4 January 2005
Securely Protect Yourself Against Cyber Trespass Act or SPY ACT - Makes it unlawful for any person who is not the owner or authorized user (user) of a protected computer (a computer exclusively for the use of a financial institution or the U.S. Government, or a computer used in interstate or foreign commerce or communication) to engage in deceptive acts or practices in connection with specified conduct, including: (1) taking unsolicited control of the computer; (2) modifying computer settings; (3) collecting personally identifiable information; (4) inducing the unsolicited installation of computer software; and (5) removing or disabling a security, anti-spyware, or anti-virus technology. Makes it unlawful for a person to: (1) transmit to a protected computer any information collection program (a program that collects personally identifiable information and uses the information to send advertising), unless such program provides notice required by this Act before execution of any of the program's collection functions; or (2) execute any collection information program installed on a protected computer unless, before execution, the user has consented to such execution under notice requirements of this Act. Provides for enforcement of violations as unfair or deceptive acts or practices. Makes this Act inapplicable with respect to: (1) law enforcement actions; (2) monitoring undertaken for network security; and (3) Good Samaritan actions (actions taken in good faith, and with the user's consent, by a computer software or service provider to remove or disable a program which violates this Act). Directs the Federal Trade Commission to report to Congress regarding the use of computer tracking cookies in the delivery or display of advertising to computer owners and users.
United States · United States Congress · 4 January 2005
Democracy Day Act of 2005 - Requires the Tuesday next after the first Monday in November in 2008 and in each even-number year thereafter (Election Day) to be treated in the same manner as November 11 (Veterans Day) for purposes of any laws relating to Federal employment. Urges private employers to give their employees that day off to enable them to vote. Directs the Comptroller General to conduct a study of the impact of such requirement on voter participation.
United States · United States Congress · 19 November 2004
Provides immigration relief for aliens who are determined by the Secretary of Homeland Security to have: (1) obtained nonimmigrant status on or after January 1, 1980, and who at that time were nationals of the Republic of Korea; (2) applied before January 1, 1999, through one or more immigration brokers for adjustment of status to that of a lawful permanent resident (LPR) through the Immigration and Naturalization Service (INS) office in San Jose, California; (3) obtained approval for adjustment as the result of bribery by such brokers of an INS supervisor; and (4) had no actual knowledge of the fraud at the time of adjustment. Extends relief to the spouse and children of eligible aliens granted derivative LPR status. Prohibits the immigration fraud reflected by such bribery from being considered in determining the admissibility or removability of eligible aliens. Requires the Secretary to: (1) restore an eligible alien's status as if the original adjustment had been lawful, including where LPR status and naturalization were rescinded on the basis of the fraud; and (2) parole into the United States eligible aliens who were removed or who voluntarily departed in connection with charges relating to the fraud for purposes of filing an application for relief under this Act. Prohibits the Secretary of State from reducing the number of available immigrant visas as the result of the approval of such an application for relief.
United States · United States Congress · 19 November 2004
Consumer Checking Account Fairness Act - Amends the Expedited Funds Availability Act to direct the Board of Governors of the Federal Reserve System to prescribe regulations to: (1) reduce the expedited funds availability time periods to take into account the time within which any receiving institution can reasonably expect to learn of the nonpayment of most items for each category of checks under the Checking Clearing for the 21st Century Act (Check 21 Act) or its implementing regulations; or (2) eliminate distinctions between the time period schedules if the Board finds that they no longer have any significance for any category of checks under such Act or regulations. Extends the next business day availability requirement to funds deposited at a proprietary ATM. Sets a limit upon certain overdraft fees imposed during a check hold period. Requires a depository institution to credit all deposits to a consumer checking account before debiting any check drawn on the account and presented for payment. Requires that Saturday be treated as a business day in the calculation of any period within which funds deposited in an account are required to be made available if the depository institution debits accounts on Saturdays for checks received. Reduces from four business days to two business days the mandatory check hold period on funds deposited by nonlocal checks. Prohibits a depository institution from imposing a fee for paying any check drawn on an account which lacks sufficient funds (bounce protection) unless the accountholder has requested check protection service. Amends the Check 21 Act to provide that if a bank that holds the account of a consumer imposes any fee for producing a copy of a substitute check, the expedited recredit process shall be available for all charges against the account without regard to whether a substitute check was involved or not.
United States · United States Congress · 9 October 2004
Expresses support for programs and activities to prevent perpetrators of fraud from victimizing senior citizens and to educate and inform senior citizens, their families, their care-givers, and the public about fraud perpetrated through mail, telemarketing, and the Internet.
United States · United States Congress · 8 October 2004
Act to Save America's Forests - Amends the Forest and Rangeland Renewable Resources Planning Act of 1974 to revise eligibility criteria for members of the land and resource management scientific committee. Revises the committee termination date. Directs the Chief of the Forest Service, the Director of the U.S. Fish and Wildlife Service, and the Director of the Bureau of Land Management to each prepare a continuous inventory of forest land administered by each agency head and to document whole-system measures that will be taken as a result of the inventory. Requires the Secretary of Agriculture to provide for conservation and restoration of native biodiversity in forested areas. Prohibits clearcutting or other even-age logging operations on any stand or watershed on certain Federal land, National Forest System land, and National Wildlife Refuge System land. Provides for Federal enforcement and a private right of action. Designates special areas which shall be subject to restrictions on road construction and logging in Alabama, Alaska, Arizona, Arkansas, California, Colorado, Georgia, Idaho, Illinois, Michigan, Minnesota, Missouri, Montana, New Mexico, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas,Vermont, Virginia, Wisconsin, and Wyoming. Requires the Secretaries concerned to appoint a committee of independent scientists to recommend additional special areas. Restricts road construction and logging on Federal land in ancient forests, special areas, roadless areas, and watershed protection areas. Provides for Federal enforcement and a private right of action. States that this Act shall not apply to Federal wilderness areas designated under the Wilderness Act.
United States · United States Congress · 8 October 2004
Taxpayer Abuse Prevention Act - Amends the Internal Revenue Code to provide that advance payments of the earned income tax credit are not transferable or assignable or subject to the claims of any creditors, except outstanding claims of the Federal Government. Prohibits: (1) the collection of a debt from a debtor's Federal tax refund by means of a refund anticipation loan; and (2) mandatory arbitration as a condition of providing a refund anticipation loan. Terminates the Department of Treasury Debt Indicator Program. Excludes tax returns that have been filed subject to a refund anticipation loan from any determination of whether goals for electronic filing of tax returns have been met. Allows earned income tax credit benefits to be paid through electronic transfer accounts. Directs the Secretary of the Treasury to: (1) develop and implement a program to encourage the greater use of the advance earned income tax credit; and (2) enter into cooperative agreements with federally insured depository institutions to provide low- and moderate-income taxpayers with the option of establishing low-cost direct deposit accounts using appropriate tax forms.
United States · United States Congress · 8 October 2004
Disaster Area Health and Environmental Monitoring Act of 2004 - Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to authorize the President to carry out a program for the protection, assessment, monitoring, and study of the health and safety of individuals if chemicals or substances associated with potential acute or chronic human health effects (substances of concern) are being or have been released in a disaster area. Makes participation in any registry or study that is part of the program voluntary. Requires the President to take appropriate measures to protect the privacy of registry or study participants. Authorizes the President to carry out such a program through a cooperative agreement with a medical institution (including a local health department) or a consortium of medical institutions. Requires the President to carry out such a program in accordance with certain privacy regulations promulgated under the Health Insurance Portability and Accountability Act of 1996. Directs the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Administrator of the Environmental Protection Agency to enter jointly into a contract with the National Academy of Sciences to study and report on disaster area health and environmental protection and monitoring. Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to extend through September 30, 2006, the President's authority to establish a program to provide technical and financial assistance to State and local governments for the implementation of cost-effective predisaster hazard mitigation measures.
United States · United States Congress · 8 October 2004
Pension Fairness Act of 2004 - Amends the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code to limit the availability of benefits for corporate directors and executives under an employer's nonqualified deferred compensation plans in the event that any of such employer's defined pension plans are subjected to a distress termination, or to a termination where the Pension Benefit Guaranty Corporation (PBGC) takes over plan liabilities, in connection with bankruptcy reorganization or a conversion to a cash balance plan. Sets forth a termination fairness standard for nonqualified deferred compensation plans in cases where the corporation which is plan sponsor of a defined benefit plan adopts a plan amendment which: (1) terminates an underfunded workers' pension plan; or (2) converts a workers' pension plan into a cash balance plan that cuts benefits for workers with ten or more years of service under the plan, or takes away their choice to stay in their original plan. Disqualifies any director or executive officer of the corporation, for a five-year period after adoption of such an amendment, from: (1) accruing any amount under a nonqualified deferred compensation plan; and (2) receiving any distribution of accrued deferred compensation, if a nonqualified deferred compensation plan or amendment is established or adopted during or after the one-year period preceding the notice date of the defined benefit plan termination or conversion.
United States · United States Congress · 8 October 2004
Coordinated Environmental Health Network Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to establish and operate the Coordinated Environmental Health Network (the Network), including by: (1) identifying, expanding, and coordinating among existing Federal public health and environmental infrastructure; (2) providing for public access to an electronic national database on the incidence and prevalence of specified priority chronic conditions and relevant environmental and other factors; (3) operating a National Environmental Health Rapid Response Service to develop strategies to rapidly respond to, and conduct investigations of, higher than expected incidence and prevalence rates of priority chronic conditions and environmental exposures; (4) awarding grants to States, local governments, territories, and Indian tribes to establish, maintain, and operate State Environmental Health Networks; (5) developing minimum standards and procedures for data collection and reporting for State Networks, including mechanisms for allowing States to set priorities and allocate resources accordingly; (6) establishing an Advisory Committee for the Network; (7) awarding John H. Chafee Public Health Scholarships to eligible students who are enrolled in an accredited school of public health or medicine; and (8) entering into a cooperative agreement with the Council of State and Territorial Epidemiologists to train and place applied epidemiology fellows in State and local health departments. Allows the Secretary to award grants to accredited schools or programs of public health to establish, maintain, and operate Centers of Excellence for research and demonstration with respect to chronic conditions and relevant environmental factors, which may include investigating causal connections between chronic conditions and environmental factors.
United States · United States Congress · 7 October 2004
Providing Reliable Officers, Technology, Education, Community Prosecutors, and Training In Our Neighborhoods Act of 2004 or PROTECTION Act - Modifies provisions of the Omnibus Crime Control and Safe Streets Act of 1968 regarding public safety and community policing ("cops on the beat" program, COPS) to authorize the Attorney General to use COPS grants to: (1) increase prosecutor presence and to enhance law enforcement access to new technologies; (2) pay overtime to existing career law enforcement officers for community policing; and (3) promote higher education among in-service State and local law enforcement officers by reimbursing them for certain educational costs. Includes among permitted additional grant projects: (1) specialized integrity and ethics training; and (2) innovative proactive crime control and prevention programs involving school officials and religiously-affiliated organizations. Authorizes the Attorney General to use up to five percent of appropriated funds for technical assistance and training to States, local governments, Indian tribal governments, and other entities. Repeals provisions of the Act regarding termination of grants for hiring officers. Allows grants to be used to assist: (1) police departments in employing specified professional, scientific, and technological advancements; (2) State, local, or tribal prosecutors' offices in implementation of community-based prosecution programs that build on local community policing efforts; and (3) in paying overtime to existing career law enforcement officers. Reserves specified funds for local governmental units with a population of less than 50,000. Authorizes the Attorney General to use no more than 50 percent of grant renewal funds to award grants targeted for police officer retention.
United States · United States Congress · 7 October 2004
Comprehensive Assistance for Veterans Exposed to Traumatic Stressors Act of 2004 - Extends eligibility for readjustment counseling services for Vietnam-era veterans. Requires implementation of a Department of Veterans Affairs (VA)-Department of Defense (DOD) Health Care Sharing Incentive Fund. Requires: (1) the DOD to assist the VA with post-traumatic stress disorder (PTSD)-related data collection; (2) routine preventative maintenance intervention for returning members of the Armed Forces; and (3) substance use disorder questions in pre- and post-deployment screens and related treatment protocols. Provides for a telemedicine program to support health care providers in combat theaters. Requires a study of factors that decrease the likelihood of developing combat-related chronic PTSD. Extends the enhanced eligibility period for VA health services for certain veterans. Provides for participation by the VA in DOD demobilization and Transitional Assistance Program activities to enhance identification of chronic PTSD risk factors. Requires PTSD educational materials. Provides for a joint demonstration project that stations VA psychologists and psychiatrists at major demobilization sites and military treatment facilities. Requires: (1) performance measures that ensure appropriate deployment of resources to implement the Iraq war clinical practice guidelines; (2) establishment of the DOD/VA Council on Post-Deployment Mental Health; (3) a plan for expanded access to specialized PTSD care; and (4) additional mental health services personnel for certain VA programs and locations. Authorizes counseling for immediate family members of disabled veterans and Armed Forces personnel killed in action. Establishes a National Steering Committee on PTSD Education. Addresses deficiencies in compensation and pension examinations with regard to PTSD. Requires development of criteria for determining which medical conditions are likely associated with PTSD and when secondary service-connection should be granted for those conditions. Provides for an outreach program to enhance PTSD awareness.
United States · United States Congress · 7 October 2004
Fair Access to Clinical Trials Act - Amends the Public Health Service Act to prohibit an entity from receiving an award of a grant, contract, or cooperative agreement to conduct a clinical trial to determine the safety or effectiveness of a use of a drug or device unless the entity agrees to: (1) register the trial; (2) provide the results of such trial to the Secretary of Health and Human Services; (3) disclose specified information regarding the trial to the public; and (4) be subject to audits. Requires the Secretary, acting through the Director of the National Institutes of Health (NIH), to establish and operate a databank of such clinical trial information provided to the Secretary. Requires the Director to assign to the National Library of Medicine the primary responsibility for operating such databank. Requires the Secretary to: (1) identify false or misleading information in the databank, correct such information, and make appropriate public notifications; and (2) amend regulations to require institutional review boards to determine the safety or effectiveness of products registered under this Act and deny approval for trials that are not registered. Specifies information required for registration of clinical trials, including information important to clinicians or researchers. Sets forth provisions regarding periodic updates of databank information, submission of results of clinical trials, public disclosure of databank information, and violations of this Act. Amends the Federal Food, Drug and Cosmetic Act to allow exemptions for clinical investigational use of drugs or devices only if such drugs are registered in accordance with this Act.
United States · United States Congress · 7 October 2004
Voter Protection Act of 2004 - Amends the Federal criminal code to prohibit willfully providing misleading or fraudulent information to an individual and thereby interfering with that individual's voting, qualifying to vote, qualifying or campaigning as a candidate, or qualifying or acting as any legally authorized official in any primary, special, or general election.
United States · United States Congress · 7 October 2004
Preservation of Federalism in Banking Act - Amends the Revised Statutes of the United States to set forth State law preemption standards for national banks and their subsidiaries. Declares that any State: (1) consumer law of general application (including any law relating to unfair or deceptive acts or practices and any consumer fraud law) shall also apply to any national bank; and (2) law applicable to State banks shall also apply to any national bank if it was enacted pursuant to, or consistent with, Federal law permitting the States to exceed or supplement Federal law requirements. Prohibits construction of Federal law governing visitorial powers, or otherwise limiting or restricting the supervisory, examination, or regulatory authority to which any national bank is subject, as limiting or restricting the authority of a State attorney general to enforce: (1) any applicable Federal or State law; or (2) on behalf of residents of such State, any applicable provision of any Federal or State law against a national bank, or seek relief and recover damages for such residents from any violation of any such law by any national bank. Prohibits construction of Federal law governing nondepository institution subsidiaries of national banks as preempting the applicability of State law to any State-chartered nondepository institution subsidiary of a national bank, except to the extent the preemption is explicitly provided by an Act of Congress. Directs the Comptroller of the Currency to record and monitor each complaint received from a consumer regarding a national bank or any subsidiary of a national bank as well as the resolution of the complaint.
United States · United States Congress · 6 October 2004
Telephone Tax Relief for Seniors Act - Amends the Internal Revenue Code to exempt certified low-income senior citizens from communications excise taxes. Prohibits telecommunications carriers from requiring the payment of universal service fees, subscriber line charges, or local number portability charges by such senior citizens who subscribe to telephone services.
United States · United States Congress · 30 September 2004
Expresses the sense of the House of Representatives that the Secretary of Homeland Security should designate Haiti, Grenada, Jamaica, the Dominican Republic, and the Bahamas under the Immigration and Nationality Act to make nationals of those countries eligible for temporary protected status.
United States · United States Congress · 30 September 2004
Commemorates the 60th anniversary of the Port Chicago (California) Naval Magazine tragedy. Calls upon all Americans to honor the memory of those who served and those who gave their lives at Port Chicago in defense of the United States.
United States · United States Congress · 29 September 2004
Requires the Consumer Product Safety Commission to promulgate a rule declaring the Yo-Yo Waterball toy a banned hazardous product under the Consumer Product Safety Act.
United States · United States Congress · 29 September 2004
Recognizes the 20th anniversary of the Bhopal disaster and the continuing environmental problems in Bhopal, India, caused by the policies and practices of the Union Carbide Corporation. Expresses the commitment of Congress to working with the Government of the Republic of India, the Dow Chemical Corporation, and the victims of the Bhopal disaster to ensure that Union Carbide: (1) provides complete medical, social, and economic rehabilitation to the victims and to obtain the medical information necessary to help the victims; (2) completely restores the polluted plant site; and (3) a appears before the Bhopal District Court for prosecution on the criminal charges.
United States · United States Congress · 23 September 2004
Cancer Care Preservation Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to allow the average sales price system to go into effect but also to ensure that Medicare payments for cancer drugs do not go below 95 percent of 2004 levels in 2005, and 95 percent of 2005 levels in 2006. Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 with respect to the transitional adjustment in practice expense relative value units in the physician fee schedule for drug administration services. Extends application of the transition adjustment through December 31, 2006. Increases from three percent to 27 percent during 2005 the applicable percentage of the fee schedule amount that shall be paid to a physician from the Federal Supplementary Medical Insurance Trust Fund. Reduces this applicable percentage during 2006 to 22 percent. (Current law reduces the 32 percent transitional payment for practice expenses in 2004 to 3 percent in 2005 and 0 percent in 2006.)
United States · United States Congress · 22 September 2004
States that Congress: (1) commends the Caribbean governments for their efforts after the devastation caused by Hurricanes Charley, Frances, Ivan, and Jeanne from August to September, 2004; (2) commends the efforts of the Caribbean-American community to provide relief to family and friends; (3) supports U.S. efforts to assist in coordinating international relief efforts, particularly in Grenada, Jamaica, Haiti, and the Bahamas; and (4) urges the international community to take all necessary steps to provide emergency relief and reconstruction efforts.
United States · United States Congress · 14 September 2004
Restore Open Government Act of 2004 - Revokes: (1) the " Memorandum for Heads of all Federal Departments and Agencies" on "The Freedom of Information Act" issued by Attorney General John Ashcroft on October 12, 2001; and (2) the "Memorandum for the Heads of Executive Department and Agencies" on "Action to Safeguard Information Regarding Weapons of Mass Destruction and Other Sensitive Documents Related to Homeland Security" issued by Andrew H. Card, Jr., Assistant to the President and Chief of Staff on March 19, 2002. Declares that the policy of the Federal Government is to release information to the public in response to a request under the Freedom of Information Act (FOIA) if such release is: (1) required by law; or (2) allowed by law and the agency concerned does not reasonably foresee that disclosure would be harmful to an interest protected by an applicable exemption. Instructs that all guidance provided to Federal agencies shall be consistent with such policy. Prohibits a record pertaining to the vulnerability of and threats to critical infrastructure that is furnished voluntarily to the Department of Homeland Security (DHS) from being made available under the FOIA if: (1) the provider would not customarily make the record available to the public; and (2) the record is designated and certified by the provider as confidential and not customarily made available to the public. (Allows the provider of such a record at any time to to withdraw the confidential designation.) Requires a Federal agency in receipt of a record that was furnished voluntarily to DHS and subsequently shared with that agency, upon receipt of a FOIA request, to: (1) not make the record available; and (2) refer the request to DHS for processing and response in accordance with this Act. Revokes Executive Order 13233 (relating to further implementation of the Presidential Records Act), dated November 1, 2001 and makes effective Executive Order 12667 (relating to Presidential records), dated January 18, 1989. Directs the President to ensure that the names of Presidential interagency advisory committee members are published in the Federal Register. Mandates that such a committee must make public each substantive contact between the advisory committee, or individual committee members acting on the committee's behalf, and any person who is not a full-time or permanent part-time officer or employee of the Government. Directs the President to require Federal departments and agencies to promote a culture of information sharing by reducing disincentives to information sharing, including overclassification of information and unnecessary requirements for originator approval. Amends the FOIA to permit a U.S. district court to assess against the United States reasonable attorney fees and other litigation costs reasonably incurred in any case seeking information from a Federal agency or official under any other Federal law in which the complainant has substantially prevailed.
United States · United States Congress · 9 September 2004
Comprehensive Peace in Sudan Act - Expresses the sense of Congress regarding: (1) the relevance of the Sudan Peace Act and its extension to the Darfur region of Sudan; (2) the genocide unfolding in Darfur and the Government of Sudan's violation of the Convention of the Prevention and Punishment of the Crime of Genocide; and (3) actions to address the conflict in Sudan. Requires an annual report on the identities of entities doing business in Sudan. Prohibits an entity doing business in Sudan from raising capital or trading its securities in the United States. Provides for: (1) sanctions in support of peace in Darfur; and (2) actions to secure multilateral efforts against the Government of Sudan. Amends the Sudan Peace Act to authorize the President to assist Sudan to support the implementation of a comprehensive peace agreement that applies to all regions of Sudan, including the Darfur region, and to address the humanitarian and human rights crisis in the Darfur region and its impact on eastern Chad, contingent upon a continuing certification to the appropriate congressional committees that the Government of Sudan is taking specified actions. States that certain export prohibitions shall not apply to any export or related transaction from an area in Sudan outside of the Government of Sudan's control if the President determines that the export or related transaction would directly benefit the economic development of that area and its people.
United States · United States Congress · 9 September 2004
Increases the death gratuity payable with respect to members of the Armed Forces from $12,000 to $50,000. Makes this increase applicable to deaths occurring on or after September 11, 2001. Requires the Secretary of Defense to derive funds for payments under this Act in FY 2005 from travel funds for personnel of the Office of the Secretary.
United States · United States Congress · 8 September 2004
Declares that the House of Representatives: (1) opposes the inclusion in future free trade agreements of provisions that would have the effect of restricting, undermining, or discouraging the enactment or implementation of legislation authorizing the importation of prescription drugs; and (2) urges the President to renegotiate the Singapore, Australia, Morocco, and Central America free trade agreements to eliminate provisions that would have such effect.
United States · United States Congress · 22 July 2004
High School Athletics Accountability Act of 2004 - Amends the Elementary and Secondary Education Act of 1965 (ESEA) to direct coeducational elementary and secondary schools, if they participate in any ESEA program, to: (1) report certain information on equality in their school athletic programs to the Commissioner for Educational Statistics; and (2) make such information available to their students and potential students, upon request, and to the public.
United States · United States Congress · 22 July 2004
Play Fair at the Olympics Act - Amends Federal law relating to the United States Olympic Committee (USOC) to direct the USOC to require observance of certain labor standards by companies that enter into licensing agreements with it, and by subcontractors and suppliers of such companies.
United States · United States Congress · 22 July 2004
Stealth Lobbyist Disclosure Act of 2004 - Amends the Internal Revenue Code to treat as a tax-exempt political organization for purposes of the disclosure and other requirements applicable to such organizations (with certain modifications) any coalition or association that is identified as a client on any registration filed under the Lobbying Disclosure Act of 1995 and that is not a political organization. Requires any such coalition or association to notify the Secretary of the Treasury of: (1) its existence within 72 hours after one of its lobbyists makes an initial contact; and (2) any change in membership within 72 hours. Requires such notice to include a general description of the business or activities of each member of the coalition or association and the amount reasonably expected to be contributed by each member toward coalition or association activities of influencing legislation. Imposes a penalty tax for failure to give required notices. Exempts from the disclosure requirements imposed by this Act: (1) public charities and other tax-exempt organizations which have substantial exempt activities other than lobbying; and (2) members of a coalition or association who contribute less than $2,000 per year for lobbying activities.
United States · United States Congress · 22 July 2004
Email Privacy Protection Act of 2004 - Amends the Federal criminal code to include within the definition of "electronic communication" (and thus within the scope of provisions regarding the interception of communications) any temporary, intermediate storage of a communication incidental to the electronic transmission thereof. Prohibits a provider of an electronic communication service from acquiring or using the contents of a stored electronic communication of which that provider is not an intended recipient, other than for the purposes of providing that service.
United States · United States Congress · 22 July 2004
Stealth Lobbyist Disclosure Act of 2004 - Amends the Lobbying Disclosure Act of 1995 to redefine the term "client" with respect to coalitions and associations on whose behalf a lobbyist must file a registration. Provides that, in the case of a coalition or association that employs or retains other persons to conduct lobbying activities, each of the individual members of the coalition or association, and not the coalition or association itself as under current law, is the client for whom a registration must be filed. Makes an exception for certain tax-exempt associations and for certain members of a coalition or association if the amount reasonably expected to be contributed by such member toward specific legislation-influencing activities of the coalition or association is less than $1,000 per any semiannual period.
United States · United States Congress · 22 July 2004
Social Security COLA Protection Act of 2004 - Amends title XVIII (Medicare) of the Social Security Act to limit increases in the monthly Medicare premium, including the Medicare Advantage prescription drug program premium, to 25 percent of any Social Security cost of living increase.
United States · United States Congress · 22 July 2004
Medicaid Act of 2004 - Amends the Jobs and Growth Tax Relief Reconciliation Act of 2003 to extend the temporary freeze of the Federal medical assistance percentage (FMAP) under title XIX (Medicaid) of the Social Security Act (SSA) for certain States (continuing the FY 2003 FMAP through each calendar quarter of FY 2004, and the FY 2004 FMAP for each calendar quarter of FY 2005 if the FY 2005 FMAP would otherwise be less than the FY 2004 FMAP). Amends the Jobs and Growth Tax Relief Reconciliation Act of 2003 to increase the FMAP: (1) by 2.95 percentage points for the last two calendar quarters of FY 2003 and the first three calendar quarters of FY 2004; and (2) by 1.60 percentage points for the last calendar quarter of FY 2004 and each calendar quarter of FY 2005. Increases by 5.9 percent the ceiling on Medicaid payments to specified territories for the last two calendar quarters of FY 2003 and the first three calendar quarters of FY 2004. Increases such ceiling by 2.52 percent for the last calendar quarter of FY 2004 and each calendar quarter of FY 2005. .
United States · United States Congress · 22 July 2004
International Consumer Protection Act of 2004 - Amends the Federal Trade Commission Act to include within unfair or deceptive acts or practices those involving foreign commerce that: (1) cause or are likely to cause reasonably foreseeable injury within the United States; or (2) involve material conduct occurring within the United States. Makes available to the Federal Trade Commission (FTC) with respect to such acts in foreign commerce all remedies it uses in domestic commerce, including restitution to domestic or foreign victims. Sets forth FTC powers, including authority to provide investigative assistance for foreign law enforcement agencies. Authorizes FTC attorneys to assist the Attorney General in foreign litigation and FTC sharing of information with foreign law enforcement agencies. Applies to the FTC the procedures for delay of notification or prohibition of disclosure under the Right to Financial Privacy Act and the Electronic Communications Privacy Act where a court or the FTC finds that notification may cause an adverse result. Authorizes the FTC, where neither notification nor delayed notification are required, to apply ex parte for a court order prohibiting the recipient of compulsory process issued by the FTC from disclosing to any other person the existence of such process. Sets forth guidelines for the protection of specified entities who volunteer information to the FTC. Permits the temporary exchange of staff between the FTC and foreign government agencies in order to facilitate implementation of this Act. Amends the Right to Financial Privacy Act to permit the FTC to exchange information with specified financial regulators.
United States · United States Congress · 22 July 2004
Children's Health Protection and Improvement Act of 2004 - Amends title XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act (SSA) to revise the extended availability through FY 2004 of SCHIP allotments for FY 1998 through 2001. Specifies formulae for amounts to be used in computing redistributions for FY 2003, 2003, and 2004. Provides for reallocation of 70 percent of the expiring FY 1998, 1999, and 2000 funds to States that have fully expended their annual allotments. Extends the availability of the remaining 30 percent of such expiring funds with the States that currently have them. Permits 50 percent of the total amount of a State's unexpended FY 2002 SCHIP allotments to remain available through FY 2006. Permits 50 percent of the total amount of a State's unexpended FY 2003 and 2004 SCHIP allotments to remain available through the end of FY 2007. Requires redistribution of the other 50 percent of such funds to States that have fully spent their allotments during the three-year period they were available. Requires a second redistribution according to the same 70-30 formula of any retained or redistributed funds still unexpended at the end of the two-year extention or redistribution. Provides for continued authority for qualifying States to use certain funds for Medicaid expenditures.
United States · United States Congress · 21 July 2004
Comprehensive Immigration Fairness Act - Amends the Immigration and Nationality Act (INA) to make permanently available the exception to the adjustment of status bar for beneficiaries of family petitions or labor certification applications. Adds grounds for discretionary waiver of inadmissibility. Authorizes K nonimmigrant status for specified family members of lawful permanent residents (LPRs) and additional family members of U.S. citizens who are awaiting immigrant visas. Authorizes the Secretary of Homeland Security (Secretary) to disregard as aggravated felonies (with immigration consequences) certain criminal convictions. Provides that a person who is a child on the last day of the 90-day period after a pending application for INA benefits is filed shall be considered to be a child for all purposes related to such application. Clarifies that the term "child" includes children for whom adoption proceedings were initiated prior to specified ages. Authorizes the Secretary to waive certain bars to admission. Establishes a program for earned access to legalization. Authorizes the adjustment of status of certain undocumented children. Amends the registry provision. Expands the list of unfair immigration-related employment practices. Requires petitioners for nonimmigrant workers to file affidavits describing efforts to recruit U.S. citizens or LPRs. Doubles the numerical cap on worldwide diversity immigrant visas. Provides for adjustment of status of certain Haitian nationals. Eliminates mandatory detention in asylum seekers' expedited removal proceedings. Amends the Haitian Refugee Immigration Fairness Act of 1998 to remove document fraud as a ground of inadmissibility and to address child-related determinations. Provides for adjustment of status of certain Liberian nationals. Modifies requirements applicable to asylum and refugee proceedings. Authorizes adjustment of status for certain recipients of temporary protected status. Repeals a provision in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 that bars Federal, State, and local governments from preventing the communication of immigration status information to the Department of Homeland Security. Repeals a provision of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 concerning verification of eligibility for Federal public benefits. Eliminates statutory authority permitting State personnel to carry out immigration officer functions.
United States · United States Congress · 21 July 2004
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 · 13 July 2004
Extremely Hazardous Materials Transportation Security Act of 2004 - Directs the Secretary of Homeland Security to issue regulations concerning the shipping of extremely hazardous materials that require: (1) physical security measures; (2) Federal, State, and local law enforcement authorities to be informed before such material is transported within, through, or near an area of concern; (3) coordination among such authorities to create response plans for a terrorist attack; (4) the use of currently available technologies and systems to ensure effective communication between material transporters, law enforcement authorities, and first responders; (5) comprehensive training for all individuals involved in the shipping of such materials; and (6) the Secretary to determine whether transportation through or near an area could be made by alternate routes at a lower security risk. Subjects a person (other than an individual) who violates such a regulation to injunctive relief or a civil penalty of up to $100,000. Authorizes the Secretary to impose administrative penalties. Sets forth provisions regarding whistleblower protection involving the security of shipments of such materials.
United States · United States Congress · 13 July 2004
Requires the Consumer Product Safety Commission, within six months of enactment of this Act, to promulgate a rule declaring mercury-containing toys to be banned hazardous products under the Consumer Product Safety Act. Defines "mercury-containing toy" as any toy or other product that contains mercury and is designed primarily for or marketed primarily to children.
United States · United States Congress · 13 July 2004
Smuggled Tobacco Prevention Act of 2004 - Amends the Internal Revenue Code to require all packages of tobacco products to carry a unique legibly printed serial number by which the Secretary of the Treasury can identify the manufacturer or importer and the location and date of manufacture or importation. Requires tobacco products sold on Indian reservations to be labeled as such. Requires a person to post a bond with the Secretary in order to export tobacco products. Requires a tobacco wholesaler to have a permit and to maintain certain records. Requires export warehouse proprietors to file certain reports with the Secretary. Authorizes the Secretary to enter into certain tobacco related information exchange agreements with foreign countries. Establishes new criminal offenses relating to the distribution of tobacco products. Raises the $1,000 civil penalty for violations relating to tobacco products to $10,000. Amends the Contraband Cigarette Trafficking Act to: (1) expand the applicability of such Act from cigarettes only to tobacco products (cigars, cigarettes, smokeless tobacco, pipe tobacco, and roll-your-own tobacco); (2) define a "contraband tobacco product" as a quantity of tobacco product that is equivalent to or more than 2,000 cigarettes (currently, 60,000) which bear no evidence of the payment of applicable State tobacco taxes and that is possessed illegally; and (3) establish new unlawful acts. Allows a State tobacco tax authority to bring a civil action in U.S. district court for the collection of State cigarette taxes. Prohibits retaliation against employees (whistleblowers) who provide information in contraband tobacco cases. Provides for administrative and judicial remedies for such whistleblowers.
![Official portrait of Rep. Schakowsky, Janice D. [D-IL-9]](https://www.congress.gov/img/member/116_rp_il_9_schakowsky_janice_200.jpg)