United States · United States Congress · 2 February 2005
Voter Confidence and Increased Accessibility Act of 2005 - Amends the Help America Vote Act of 2002 with respect to: (1) voter verification and mandatory paper record audit capacity; and (2) accessibility and voter verification of results for individuals with disabilities. Requires the Election Assistance Commission to study, test, and develop best practices to enhance the accessibility of voter-verification mechanisms for individuals with disabilities and for voters whose primary language is not English, including best practices for the mechanisms themselves and the process through which the mechanisms are used. Outlines additional voting system requirements. Requires laboratories to meet standards prohibiting conflicts of interest as a condition of accreditation for the testing of voting system hardware and software. Provides for the filing of complaints by aggrieved persons with the Attorney General. Extends the authorization of Election Assistance Commission permanently. Makes available additional funding to enable States to meet the costs of the requirements imposed by this Act. Directs the Election Assistance Commission to conduct random, unannounced, hand counts of the voter-verified records for each Federal general election in at least two percent of the precincts in each State. Requires Federal certification of the technological security of voter registration lists.
United States · United States Congress · 2 February 2005
Free Flow of Information Act of 2005 - Prohibits Federal entities from compelling covered persons (specified media outlets or their employees) to testify or produce any document unless a court determines by clear and convincing evidence that: (1) the entity has unsuccessfully attempted to obtain such testimony or document from all non-covered persons; and (2) in a criminal matter, based on information from a non-covered person, there are reasonable grounds to believe a crime has occurred and the testimony or document is essential to the investigation, prosecution, or defense; or (3) in a non-criminal matter, based on information from a non-covered person, the testimony or document is essential to a dispositive issue of substantial importance. Requires the content of compelled testimony or documents to be: (1) limited to the purpose of verifying published information; and (2) narrowly tailored in subject matter and time period covered. Excludes certain commercial or financial information from coverage under this Act. Prohibits compelled disclosure, notwithstanding this Act's conditions for such disclosure, of: (1) the identity of a confidential source; or (2) information reasonably expected to lead to the discovery of such identity. Makes this Act applicable to testimony or documents sought from third parties that are related to business transactions with covered persons. Authorizes compelled disclosure in such cases only where the covered person has received notice and an opportunity to be heard. States that publication or dissemination of testimony or documents does not waive the requirements for compelled disclosure set forth in this Act.
United States · United States Congress · 2 February 2005
Guard and Reserve Readiness and Retention Act of 2005 - Makes an individual eligible for retired pay for non-regular (reserve) military service if such individual: (1) satisfies one of specified combinations of minimum age (between 53 and 60) and years of service (between 20 and 34); (2) performed the last six years of qualifying service in currently authorized categories of military service, but not while a member of a regular component, the Fleet Reserve, or the Fleet Marine Corps Reserve; and (3) is not entitled to any other retirement pay from an armed force or as a member of the Fleet Reserve or Fleet Marine Corps Reserve. Authorizes a member of the Selected Reserve to enroll for self or self and family coverage under the TRICARE program (a Department of Defense managed health care program).
United States · United States Congress · 2 February 2005
Oral Health Promotion Act of 2005 - Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act (SSA) to add dental services to coverage provided. Allows States the option of using Federal SCHIP funds to cover dental expenses for a child who is eligible for Medicaid under targeted low-income child Medicaid guidelines when the child has medical coverage that does not include dental services. Allows States the option of covering dental services of adults receiving assistance under SCHIP. Alters the Medicaid matching rate for adult full coverage dental benefits. Establishes in the Treasury the Community Oral Health Expansion Fund to expand the availability of oral health services through community-based centers. Authorizes the use of funds for demonstration projects and demonstration partnerships with Head Start programs for identifying children at risk of dental disease and providing prevention measures. Requires States to contribute, directly or indirectly, up to ten percent of demonstration project costs. Requires the Secretary of Health and Human Services to give grant: (1) priority to States covering a Medicaid level of dental benefits under SCHIP; and (2) preference to States with market-based payment rates for dental services under both Medicaid and SCHIP.
United States · United States Congress · 2 February 2005
Keep Our Promise to America's Military Retirees Act - Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to provide Federal Employees Health Benefits (FEHB) coverage to the following eligible beneficiaries: (1) a member or former member of the Armed Forces entitled to military retired or retainer pay; (2) an unremarried former spouse who was married to a member for at least 20 years, during which such member performed at least 20 years of retirement-creditable military service; (3) a dependent of a deceased qualifying member or former member; (4) a dependent of a living member or former member; and (5) a family member. Directs the Secretary to reimburse such eligible persons for pharmacy benefits received from a pharmacy that is not a TRICARE (Department of Defense managed health care plan) network pharmacy in the same manner as the Secretary would reimburse such person for such benefits received from a TRICARE network pharmacy. Requires such persons, in order to receive such reimbursement, to submit a certification from their physician stating that the person does not have access to a TRICARE network pharmacy due to physical or medical constraints. Amends title XVIII (Medicare) of the Social Security Act to waive the monthly part B premium (Supplementary Medical Insurance Benefits for the Aged and Disabled) with respect to: (1) an individual who is entitled to military retired or retainer pay based upon service that began before December 7, 1956; and (2) the spouse, widow, or widower of such individuals.
United States · United States Congress · 2 February 2005
Milk Import Tariff Equity Act - Amends the Harmonized Tariff Schedule of the United States to impose tariff-rate quotas (quantitative import limits) and provide various duty rates on certain casein, caseinates, milk protein concentrate, and other casein derivatives and glues imported into the United States (except imports from Mexico). Authorizes the President to: (1) enter into a trade agreement with a foreign country to grant new concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions; and (2) proclaim any necessary modification or continuance of any existing duty, or continuance of existing duty-free or excise treatment, or any quantitative limitation. Sets forth certain limits on the reduction of duties on such products.
United States · United States Congress · 2 February 2005
Secure Rural Schools and Community Self-Determination Reauthorization Act of 2005 - Amends the Secure Rural Schools and Community Self-Determination Act of 2000 to extend the Act through FY2013. Revises requirements regarding the merchantable material contracting pilot program. Requires counties participating in county projects to submit a specified notification for each project for which the participating county obligated county funds. Provides for the review of such notifications.
United States · United States Congress · 2 February 2005
Assured Funding for Veterans Health Care Act of 2005 - Requires the Secretary of the Treasury to make available to the Secretary of Veterans Affairs for programs, functions, and activities of the Veterans Health Administration for FY 2007 130 percent of the amount obligated during FY 2005. Adjusts the amount provided for fiscal years after FY 2007 based on the number of enrolled veterans and the number of other persons eligible but not enrolled who are provided care, multiplied by the per capital baseline amount for FY 2005, as increased by the percentage increase in the Consumer Price Index. Prohibits the availability of such funds for: (1) construction, acquisition, or alteration of veterans' medical facilities (other than for repairs provided for before the date of enactment of this Act); or (2) grants for the construction of State home facilities for the furnishing of veterans' domiciliary, nursing home, and hospital care.
United States · United States Congress · 2 February 2005
Arthritis Prevention, Control, and Cure Act of 2005 - Amends the Public Health Service Act to require the Secretary of Health and Human Services: (1) to develop and implement a National Arthritis Action Plan; and (2) acting through the Director of the Centers for Disease Control and Prevention (CDC), to conduct, support, and promote the coordination of arthritis and other rheumatic diseases research. Requires the Secretary to award grants to: (1) support arthritis-specific research projects at the Centers for Prevention Research by the CDC; (2) support State comprehensive arthritis control and prevention programs and public health surveillance, prevention, and control activities; and (3) assist in the implementation of a national strategy for arthritis control and prevention. Requires the Secretary to coordinate a national education and outreach program on arthritis and other rheumatic diseases. Requires the Secretary to establish an Arthritis and Rheumatic Diseases Interagency Coordinating Committee to: (1) improve coordination of Federal research activities related to arthritis and rheumatic diseases; and (2) convene a summit to provide a detailed overview of such current Federal research. Requires the Director of the National Institutes of Health (NIH) to expand and intensify juvenile arthritis research. Allows the Secretary, acting through the Director of the CDC, to award grants to support juvenile arthritis data collection. Requires the Secretary, acting through the Director of the CDC, to support the development of a National Juvenile Arthritis Patient Registry. Requires the Secretary to promote and support pediatric rheumatology training, including by allowing the Secretary to establish a loan repayment program. Requires the Comptroller General to conduct a study on the economic impact of arthritis in the workplace.
United States · United States Congress · 2 February 2005
Udall-Eisenhower Arctic Wilderness Act - Designates specified lands within the Arctic National Wildlife Refuge (ANWR) as wilderness and components of the National Wilderness Preservation System.
United States · United States Congress · 2 February 2005
Class Action Fairness Act of 2005 - Amends the Federal judicial code to specify the calculation of contingent and other attorney's fees in proposed class action settlements that provide for the award of coupons to class members. Prohibits a Federal district court from approving: (1) a proposed coupon settlement absent a finding that the settlement is fair, reasonable, and adequate; (2) a proposed settlement involving payments to class counsel that would result in a net monetary loss to class members, absent a finding that the loss is substantially outweighed by nonmonetary benefits; (3) a proposed settlement that provides greater sums to some class members solely because they are closer geographically to the court; or (4) a proposed settlement that provides for the payment of a greater share of the award to a class representative versus other class members. Grants district courts original jurisdiction of any civil action in which the matter in controversy exceeds $5 million, exclusive of interest and costs, and that is between citizens of different States or between citizens of a State and a foreign State or its citizens or subjects. Lists those factors pursuant to which a district court may decline to exercise jurisdiction over a class action. Sets forth provisions governing the removal of interstate class actions to Federal district court and the review on appeal of remand orders. Grants the Federal courts of appeals jurisdiction to hear appeals of class action certification orders if notice of appeal is filed within 10 days of entry of such an order. Requires discovery and other proceedings to be stayed during the pendency of an appeal unless the court finds that specific discovery is necessary to preserve evidence or to prevent undue prejudice.
United States · United States Congress · 2 February 2005
Amends the Federal Law Enforcement Pay Reform Act of 1990 to revise the special pay adjustments for (percentage differentials payable to) Federal law enforcement officers in specified consolidated metropolitan statistical areas. Includes Capitol Police as law enforcement officers under such Act. Eliminates the limitation on the aggregate of basic pay and premium pay with respect to availability pay for Federal criminal investigators.
United States · United States Congress · 2 February 2005
Congratulates the James Madison University Dukes football team for their outstanding and historic victory in the National Collegiate Athletic Association Division I-AA Championship Game.
United States · United States Congress · 26 January 2005
Honoring Every Requirement of Exemplary Service Act of 2005 or HEROES Act of 2005 - Increases from $12,000 to $100,000 the death gratuity payable to the survivors of members of the Armed Forces who die: (1) as a direct result of armed conflict; (2) while engaged in hazardous service; (3) in the performance of duty under conditions simulating war; (4) through an instrumentality of war; or (5) in an operation or area designated as a combat operation or a combat zone. Requires the Secretary of the military department concerned to pay an additional death gratuity of $238,000 for a member of the Armed Forces who died before the date of enactment of this Act as a direct result of one or more wounds, injuries, or illnesses that were: (1) incurred in the theater of operations of Operation Enduring Freedom or Operation Iraqi Freedom; or (2) as a direct result of armed conflict, while engaged in hazardous service, in the performance of duty under conditions simulating war, or through an instrumentality of war on or after October 7, 2001. Increases the maximum amount of life insurance coverage for a member of the armed forces under servicemembers' group life insurance. Provides for $150,000 additional life insurance with no deductible due from the member for combat-related deaths. Requires spousal approval for a member to elect not to have life insurance coverage or have less than the maximum amount allowable.
United States · United States Congress · 26 January 2005
Amends Federal provisions concerning Appalachian regional development to revise the definition of "Appalachian region" to include: (1) cities located within listed counties; and (2) Franklin, Henry, and Patrick Counties and the City of Martinsville in Virginia.
United States · United States Congress · 26 January 2005
Disaster Prevention Protection Act of 2005 - Amends the Internal Revenue Code to exclude from gross income certain disaster mitigation payments paid pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act or the National Flood Insurance Act.
United States · United States Congress · 25 January 2005
Little Rock Central High School Desegregation 50th Anniversary Commemorative Coin Act - Requires the Secretary of the Treasury to mint and issue coins commemorating the 50th anniversary of the desegregation of Little Rock Central High School in Little Rock, Arkansas. Requires the design of such coins to be emblematic of the desegregation of Little Rock Central High School and its contribution to civil rights in America. Specifies the sale price of such coins and applicable surcharges. Requires surcharges collected from sales to be used equally for: (1) the Jefferson National Parks Association for support of the activities and mission of Little Rock Central High National Historic Site; and (2) site improvements.
United States · United States Congress · 25 January 2005
Pharmaceutical Market Access Act of 2005 - Amends the Federal Food, Drug, and Cosmetic Act to require the Secretary of Health and Human Services to promulgate regulations permitting pharmacists, pharmacies, wholesalers, and individuals to import qualifying drugs from certain countries into the United States. Sets forth registration requirements for exporters. Requires the Secretary to: (1) educate consumers with regard to the availability of qualifying drugs for import for personal use; (2) inspect the facilities and records of importers and registered exporters to ensure compliance with this Act; and (3) establish a registration fee program to collect an annual fee from registered exporters. Deems a prescription drug to be misbranded unless the packaging of such drug complies with the requirements for counterfeit-resistant technologies. Prohibits: (1) failing to register in accordance with this Act; and (2) importing or offering to import a prescription drug in violation of a suspension order. Declares that selling or importing a patented drug in the United States that was first sold abroad by or under authority of the owner or licensee of the patent is not patent infringement. Prohibits drug manufacturers from discriminating against a person that engages in the importation of a prescription drug, including by charging higher prices or denying supplies of the drug. Allows the Secretary to suspend or terminate the registration of an exporter for failing to maintain substantial compliance with all registration conditions.
United States · United States Congress · 25 January 2005
Black Lung Benefits Survivors Equity Act of 2005 - Amends the Black Lung Benefits Act, with respect to claims filed on or after the effective date of the Black Lung Benefits Amendments of 1981, to eliminate exceptions to: (1) the applicability of certain provisions regarding rebuttable presumptions; and (2) the prohibition against requiring eligible survivors of a miner determined to be eligible for black lung benefits to file a new claim or refile or otherwise revalidate the miner's claim.
United States · United States Congress · 25 January 2005
Keep Our Promise to America's Children and Teachers Act - Keep Our PACT Act - Makes appropriations in order to provide for the full funding of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 (ESEA-NCLBA), and for the Individuals with Disabilities Education Act (IDEA). Makes such appropriations for ESEA-NCLBA programs in amounts for each of FY 2006 through 2011 which equal the difference between other appropriations and specified amounts for each of those fiscal years. Amends IDEA to authorize and make appropriations for: (1) each of FY 2006 through 2011 in specified amounts; and (2) for FY 2012 and each subsequent fiscal year, in the amount that is the total for all States of the maximum amounts necessary to fully fund 40 percent of the average per pupil expenditure for IDEA part B programs of assistance for education of all children with disabilities.
United States · United States Congress · 25 January 2005
Family Entertainment and Copyright Act of 2005 -Artists' Rights and Theft Prevention Act of 2005 or (ART Act) - Amends the Federal criminal code to prohibit the unauthorized, knowing use of a video camera or similar device to transmit or make a copy of a copyrighted audiovisual work from a performance in a movie theater. Establishes criminal penalties for willful copyright infringement by knowingly making a computer program, musical work, motion picture, or sound recording being prepared for commercial distribution available to the public on a computer network. Family Movie Act of 2005 - Exempts from copyright and trademark infringement, under certain circumstances: (1) making limited portions of the audio or video content of a motion picture for private home viewing imperceptible; or (2) the creation of technology that enables such editing. National Film Preservation Act of 2005 - Amends the National Film Preservation Act of 1996 to direct the Librarian of Congress to carry out preservation activities, including generating public awareness of the National Film Registry, updating the national film preservation program with technological advances, and utilizing the National Audio-Visual Conservation Center to ensure that Registry films are properly stored and disseminated in accordance with copyright law and any relevant agreements. Reauthorizes film preservation provisions. National Film Preservation Foundation Reauthorization Act of 2005 - Allows the Foundation's board of directors to determine the location of its principal office. Authorizes appropriations to the Library of Congress for the Foundation. Preservation of Orphan Works Act - Provides that the limitation on reproduction and distribution of copyrighted works does not apply to the authority of libraries or archives, during the last 20 years of copyright, to reproduce, distribute, display, or perform in facsimile or digital form a copy or phonorecord of published works for preservation, scholarship, or research under certain conditions.
United States · United States Congress · 25 January 2005
Retired Pay Restoration Act of 2005 - Expresses the sense of Congress that military retired pay should not be reduced because a military retiree is also eligible for veterans' disability compensation awarded for a service-connected disability. Allows the receipt of both military retired pay and veterans' disability compensation with respect to any service-connected disability (currently, only a disability rated at 50 percent or more). Repeals provisions phasing in the full concurrent receipt of such pay through December 31, 2013. Makes eligible for the full concurrent receipt of both veterans' disability compensation and either military retired pay or combat-related special pay those individuals who were retired or separated from military service due to a service-connected disability.
United States · United States Congress · 6 January 2005
Amends the Safe and Drug-Free Schools and Communities Act to: (1) include bullying and harassment under the definition of violence; and (2) provide for programs to address and prevent bullying and harassment.
United States · United States Congress · 4 January 2005
Comprehensive Learning Assessment for Students and Schools (CLASS) Act - Amends the Elementary and Secondary Education Act of 1965 to revise certain requirements regarding student assessments and adequate yearly progress which were added by the No Child Left Behind Act of 2001.
United States · United States Congress · 4 January 2005
Advanced Internet Communications Services Act of 2005 - Requires an advanced Internet communications service to be considered: (1) an interstate service; and (2) neither a telecommunications service nor an information service for purposes of the Communications Act of 1934. Prohibits the Federal Communications Commission (FCC) and States from regulating the rates, charges, terms, or conditions for, entry into, or exit from the provision of advanced Internet communications service, subject to provisions of this Act giving the FCC exclusive authority to regarding such services. Requires the FCC, to the extent technically feasible and economically reasonable, to impose requirements or obligations on advanced Internet communications voice service providers in order to: (1) ensure that appropriate E-911 services are available to users of such services; (2) provide access for persons with disabilities; (3) contribute directly to the universal service fund; and (4) provide for just and reasonable compensation for use of the public switched telephone network. Directs the FCC to ensure that such requirements or obligations apply equally to all advanced Internet communications voice service providers. Prohibits the FCC or any State from regulating the underlying Internet Protocol transmission networks, facilities, or equipment in a manner that results in unequal application of regulations.
United States · United States Congress · 4 January 2005
Medicare Rural Home Health Services Improvement Act of 2005 - Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to provide for a two-year extension of the temporary Medicare payment increase for home health services furnished in a rural area.
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
Amends Federal aviation law to prohibit the Administrator of the Federal Aviation Administration, solely by reason of a person's age if the person has not attained his or her Social Security retirement age, from: (1) denying, deferring as to, or failing to renew for any such person an airman or medical certificate for the operation of a commercial aircraft; (2) imposing restrictions or limitations on an airman or medical certificate following initial or periodic competency or medical testing which has the same age discriminatory effect on the person; or (3) requiring an air carrier to terminate the employment of, or not to employ, or to take any other action having the same age discriminatory effect on, such person as a pilot of an aircraft. Declares that such requirements shall not provide the basis for a claim of seniority made under any labor bargaining agreement in effect between the pilots and an air carrier by any pilot seeking re-employment by an air carrier following the pilot's previous termination or cessation of employment.
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
Postal Accountability and Enhancement Act - Amends Federal postal service law to direct the Postal Regulatory Commission (PRC) (established by this Act) to establish a modern system for regulating rates and classes for market-dominant products (all first-class mail, special services, periodicals, standard mail, media mail, library mail, and bound printed matter). Directs the Board of Governors of the U.S. Postal Service to establish rates and classes for products in the competitive category of mail (priority mail, expedited mail, mailgrams, international mail, and parcel post). Authorizes the Postal Service to conduct market tests of experimental products. Directs the PRC to establish rules to ensure that workshare discounts (presorting, barcoding, etc.) do not exceed the cost that the Postal Service avoids as the result of private sector workshare activity. Establishes in the Treasury a revolving Postal Service Competitive Products Fund which shall be available to the Postal Service without fiscal year limitation for the payment of: (1) costs attributable to competitive products; and (2) all other costs incurred by the Postal Service, to the extent allocable to competitive products. Requires the Postal Service to: (1) compute its assumed Federal income tax (which would be the taxable income of a corporation) on competitive products income for such year; and (2) transfer from the Competitive Products Fund to the Postal Service Fund the amount of that assumed tax. Prohibits the Postal Service from: (1) establishing anti-competitive rules or regulations; (2) compelling the disclosure, transfer, or licensing of intellectual property to any third party; or (3) obtaining information from a person that provides any product, and then offering any product or service that uses or is based in whole or in part on such information, without the person's consent. Makes the Secretary of State responsible for foreign policy related to international postal services and other international delivery services. Replaces the Postal Rate Commission with the Postal Regulatory Commission. Directs the Postal Service to report to the President, Congress, and: (1) PRC on universal postal service in the United States; and (2) Postal Service Board of Governors on the postal processing and distribution network. Repeals the authority of the Postal Service to impose fines on air carriers transporting mail beyond U.S. borders for unreasonable or unnecessary delays and other delinquencies. Directs the Postal Service to prescribe regulations for the safe transportation of hazardous materials in the mail. Provides civil penalties, plus cleanup costs, for violations. Revises postal pension funding requirements under the Civil Service Retirement System. Establishes the Postal Service Retiree Health Benefits Fund.
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 · 18 November 2004
Amends the Internal Revenue Code to prohibit any court in a bankruptcy proceeding from terminating or modifying certain coal industry employee health benefits.
United States · United States Congress · 8 October 2004
Amends the Surface Mining Control and Reclamation Act of 1977 to revise the statutory formula under which the Secretary of the Interior is required to transfer funds from the Abandoned Mine Reclamation Fund to: (1) United Mine Workers of America Combined Benefit Fund; (2) United Mine Workers of America 1992 Benefit Plan; and (3) the multiemployer health benefit plan established after July 1991, by the parties that are settlors of the 1992 Benefit Plan. Prescribes guidelines for transfer by the Secretary of additional amounts of previously credited interest and previously allocated amounts.
United States · United States Congress · 8 October 2004
Patent Quality Assistance Act of 2004 - Allows a person to request that the grant or reissue of a patent be reconsidered by the United States Patent and Trademark Office (USPTO) by filing an opposition seeking to invalidate one or more claims in the patent. Requires the Director of USPTO to issue and publish a certificate, in accordance with the final decision by the panel of three administrative patent judges, canceling any claim of the patent determined to be unpatentable and incorporating into the patent any new or amended claims determined to be patentable. Allows a third party to submit for consideration, and for inclusion in the record, prior art to determine whether the invention was known, used, in public use, or on sale or would have been obvious. Provides that a notice of a patent holder alleging infringement of the patent is not deemed to be sufficient to subject a recipient of the notice to liability for willful infringement of the patent, with exceptions. Prohibits a court from granting an injunction for violations of a right secured by a patent unless it finds that the patentee is likely to suffer irreparable harm that cannot be remedied by payment of money damages. Provides that a third party requester whose request for a reexamination results in an order is not estopped from asserting a claim which the third party requester could have raised during such reexamination proceedings. Sets forth provisions regarding circumstances under which a patent application involving a business method invention combined with computer technology would not be denied on the basis of obviousness.
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 · 23 September 2004
Designates the facility of the United States Postal Service located at 11110 Sunset Hills Road in Reston, Virginia, as the "Martha Pennino Post Office Building."
United States · United States Congress · 9 September 2004
Pentagon 9/11 Memorial Commemorative Coin Act of 2004 - Directs the Secretary of the Treasury to mint and issue: (1) $50 gold coins; (2) $1 silver coins; and (3) half dollar clad coins emblematic of the spirit and bravery of the civilians and servicemen and servicewomen that work at the Pentagon and were aboard Flight 77 on September 11, 2001. Requires: (1) surcharges on the sale of any coins minted under this Act; and (2) all surcharges received from the sale of coins issued under this Act to be promptly paid to the Pentagon Memorial Fund for the purposes of construction of a memorial at the Pentagon, Arlington, Virginia.
United States · United States Congress · 22 July 2004
Medicare Rural Home Health Services Improvement Act of 2004 - Amends the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 to provide for a two-year extension of the temporary Medicare payment increase for home health services furnished in a rural area.
United States · United States Congress · 22 July 2004
Prescription Plan Preservation Act of 2004 - Amends part D (Voluntary Prescription Drug Benefit Program) of title XVIII (Medicare) of the Social Security Act to condition the payment of Medicare employer prescription drug subsidies on the maintence of current prescription drug benefits. Requires the actuarial value of prescription drug coverage to be at least equal to the greater of actuarial value of: (1) standard prescription drug coverage (as under current law); or (2) the employment-based retiree health coverage in effect as of December 8, 2003.
United States · United States Congress · 22 July 2004
Federal Regulatory Improvement Act of 2004 - Revises the purpose of the Administrative Conference of the United States to include: (1) promoting more effective public participation and efficiency in the rulemaking process; (2) reducing unnecessary litigation in the regulatory process; (3) improving the use of science in the regulatory process; and (4) improving the effectiveness of laws applicable to the regulatory process. Authorizes appropriations for FY 2005 through FY 2007.
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 · 12 July 2004
Stem Cell Discovery Through Diversity Act - Requires the Director of the National Institutes of Health (NIH), acting through the national research institutes, to conduct and support research that uses human embryonic stem cells in accordance with the final guidelines issued by NIH and published in the Federal Register on August 25, 2000, including: (1) the requirements that stem cells used in research be derived from human embryos that were created in vitro for fertility treatments and were in excess of the clinical needs of the individual seeking such treatment and that such individuals voluntarily donated such embryos with informed consent; and (2) the prohibition against the use of Federal funds to derive such cells from the embryos. Provides that restrictions on such research established by the Department of Health and Human Services pursuant to policies announced by the President on August 9, 2001, have no legal effect after enactment of this Act. Prohibits additional Federal administrative policies on such research from being established or applied. Requires the Director to ensure that such research program include a significant number of donations from individuals who are members of racial or ethnic minority groups in order to make progress toward the goal of developing an understanding of whether the variables studied in clinical research affect such groups differently. Requires the Director to establish the Ronald Reagan Office of Human Stem Cell Research to coordinate all research conducted or supported by NIH that used human pluripotent stem cells.
United States · United States Congress · 6 July 2004
Advanced Internet Communications Services Act of 2004 - Requires an advanced Internet communications service to be considered: (1) an interstate service; and (2) neither a telecommunications service nor an information service for purposes of the Communications Act of 1934. Prohibits the Federal Communications Commission (FCC) and States from regulating the rates, charges, terms, or conditions for, entry into, or exit from the provision of advanced Internet communications service, subject to provisions of this Act giving the FCC exclusive authority to regarding such services. Requires the FCC, to the extent technically feasible and economically reasonable, to impose requirements or obligations on advanced Internet communications voice service providers in order to: (1) ensure that appropriate E-911 services are available to users of such services; (2) provide access for persons with disabilities; (3) contribute directly to the universal service fund; and (4) provide for just and reasonable compensation for use of the public switched telephone network. Directs the FCC to ensure that such requirements or obligations apply equally to all advanced Internet communications voice service providers. Prohibits the FCC or any State from regulating the underlying Internet Protocol transmission networks, facilities, or equipment in a manner that results in unequal application of regulations.
United States · United States Congress · 24 June 2004
Stem Cell Research Enhancement Act of 2004 - Amends the Public Health Service Act to require the Secretary of Health and Human Services to conduct and support research that utilizes human embryonic stem cells if: (1) the stem cells were derived from human embryos donated from in vitro fertilization clinics for the purpose of fertility treatment and were in excess of the needs of the individuals seeking such treatment; (2) the embryos will never be implanted in a woman and would otherwise be discarded; and (3) such individuals donate the embryos with written informed consent and receive no financial or other inducements.
United States · United States Congress · 23 June 2004
Patriotic Employers of Guard and Reservists Act of 2004 - Amends the Internal Revenue Code to allow employers a business tax credit for 50 percent of the lesser of: (1) actual compensation paid to each Ready Reserve-National Guard employee while on active duty; or (2) $30,000. Allows employers a refundable credit against payroll taxes for wages paid to employees who are first responders (i.e., law enforcement officials, firefighters, paramedics, and Ready Reserve-National Guard employees). Allows employers a tax credit for 50 percent of the lesser of: (1) the wages paid to each employee hired to replace a Ready Reserve-National Guard employee or self-employed Reservist while on active duty; or (2) $12,000. Increases the amount of the credit for certain U.S. manufacturers. Disqualifies an employer for the tax credit if the employer has failed to comply with employment or reemployment rights of military personnel.
United States · United States Congress · 21 June 2004
Patient Bill of Rights Act of 2004 - Amends the Public Health Service Act, the Employee Retirement Income Security Act of 1974, and the Internal Revenue Code to apply patient protection and quality care standards to group health plans and issuers of health insurance coverage. Applies such standards also to Federal health insurance programs. Requires such plans and issuers to have approved utilization review programs, claims procedures, and appeal procedures concerning claims denials. Requires patient access to health plan information and to care, including: (1) a consumer choice option and choice of health care professional; (2) emergency care; (3) timely access to specialists; (4) obstetrics, gynecology, and pediatrics; (5) care continuity; (6) prescription drugs; (7) participation in clinical trials; and (8) breast cancer treatment hospital stays and consultations. Restricts interference by a plan or insurer with the doctor-patient relationship. Prohibits discrimination against a licensed health care professional with respect to participation or indemnification. Sets forth requirements relating to payment of claims and protection of patient advocacy. Provides a tax credit for the health insurance expenses of small businesses. Treats qualified health benefit purchasing distributions by private foundations as distributions for a charitable purpose. Establishes demonstration grants programs to: (1) increase access to health insurance through alternative means; and (2) provide health insurance information to small employers.
United States · United States Congress · 21 June 2004
Screening Abdominal Aortic Aneurysms Very Efficiently (SAAAVE) Act - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage of screening ultrasound for abdominal aortic aneurysms. Directs the Secretary of Health and Human Services to carry out a national education and information campaign to promote awareness among health care practitioners and the general public with respect to the importance of early detection and treatment of abdominal aortic aneurysms.
United States · United States Congress · 18 June 2004
Children's Dental Health Improvement Act of 2004 - Amends title V (Maternal and Child Health Services) of the Social Security Act to direct the Secretary of Health and Human Services to award grants to States to improve dental services to children enrolled in Medicaid or the State Children's Health Insurance Program (SCHIP). Amends the Public Health Service Act to require the Secretary, acting through the Health Resources and Services Administration (HRSA), to establish a grant program to expand the availability of primary dental care services in medically underserved areas. Authorizes retention bonuses for eligible dental officers of the Indian Health Service. Requires the Secretary, acting through the Administrator of HRSA and the Director of the Indian Health Service, to establish demonstration projects to increase access to dental services for children in underserved areas. Directs the Secretary to establish: (1) an oral health initiative to reduce disparities in oral health; and (2) Chief Dental Officers for Medicaid and SCHIP, HRSA, and the Centers for Disease Control and Prevention (CDC). Requires the Director of the CDC to collect data on dental, craniofacial, and oral health. Requires the Secretary to identify populations at high risk for early childhood caries (tooth decay) and to develop prevention programs. Revises the eligibility requirements for the school-based dental sealant program to include Indian tribes. Directs the Secretary, acting through the Director of the CDC, to award grants to States and Indian tribes to improve their basic capacity to improve the oral health of children and their families.
![Official portrait of Rep. Boucher, Rick [D-VA-9]](https://www.congress.gov/img/member/b000657_200.jpg)