United States · United States Congress · 26 January 2005
Ice Age Floods National Geologic Trail Designation Act of 2005 - Designates the Ice Age Floods National Geologic Trail, a trail from Missoula, Montana to the Pacific Ocean, to provide for the public appreciation, understanding, and enjoyment of the nationally significant natural and cultural features of the Ice Age Floods, and to promote efforts to interpret and educate along the pathways of the floods. Requires the Secretary of the Interior, acting through the Director of the National Park Service, to administer the Trail. Allows the Secretary to establish and operate a Trail management office within the vicinity of the Trail. Requires the Secretary to establish and maintain a trail advisory committee to assist the Trail manager and staff with the operation of the Trail. Requires the Secretary to prepare a Cooperative Management and Interpretation Plan for the Trail to: (1) describe strategies for the coordinated development of the Trail; (2) identify potential partnering opportunities to develop interpretative facilities and educational programs; (3) confirm and expand upon the inventory of floods' features contained in a specified National Park Service study; and (4) review and modify the map of the Trail. Allows the Secretary to acquire not more than 25 acres of land for public information and administrative purposes to facilitate the geographic diversity of the Trail.
United States · United States Congress · 26 January 2005
Lawsuit Abuse Reduction Act of 2005 - Amends Rule 11 of the Federal Rules of Civil Procedure (Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions) to: (1) require courts to impose sanctions on attorneys, law firms, or parties who file frivolous lawsuits (currently discretionary); (2) disallow the withdrawal or correction of pleadings to avoid Rule 11 sanctions; (3) require courts to award parties prevailing on Rule 11 motions reasonable expenses and attorney's fees, if warranted; (4) authorize courts to impose Rule 11 sanctions that include reimbursement of a party's reasonable litigation costs in connection with frivolous lawsuits; and (5) make the discovery phase of litigation subject to Rule 11 sanctions. Makes Rule 11 applicable to state civil actions where the court determines, upon motion, that the action affects interstate commerce. Requires personal injury claims (defined to exclude class actions) filed in State or Federal court to be filed in the county or Federal district in which: (1) the person bringing the claim resides at the time of filing or resided at the time of the alleged injury; (2) the alleged injury or circumstances giving rise to the claim occurred; or (3) the defendant's principal place of business is located. Directs the trial court to determine which county or Federal district is the most appropriate forum in those situations where the alleged injury occurred in more than one county or district.
United States · United States Congress · 26 January 2005
REAL ID Act of 2005 - Amends Immigration and Nationality Act provisions concerning asylum to: (1) authorize the Secretary of Homeland Security, in addition to the Attorney General, to grant asylum; (2) require asylum applicants to prove that race, religion, nationality, membership in a particular social group, or political opinion was or will be (if removed) the central reason for their persecution; and (3) provide that an applicant's testimony may be sufficient to sustain this burden of proof only if the trier of fact determines that it is credible, persuasive, and fact-specific. Gives the trier of fact discretion to require corroborating evidence. Lists factors relevant to credibility determinations in asylum cases. Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to authorize the Secretary of Homeland Security to waive laws as necessary to ensure expeditious construction of certain barriers and roads at the U.S. border. Expands grounds of inadmissibility and deportability due to terrorist or terrorist-related activity. Modifies the provision defining "engage in terrorist activity" to eliminate the possibility of discretionary waivers of inadmissibility for material support of organizations or individuals that have engaged in terrorist activity. Expands the definition of "terrorist organization." Prohibits Federal agencies from accepting State issued driver's licenses or identification cards unless such documents are determined by the Secretary to meet minimum security requirements. Sets forth issuance standards for such documents that require: (1) evidence that the applicant is lawfully present in the United States; and (2) issuance of temporary driver's licenses or identification cards to persons temporarily present that are valid only for their period of authorized stay (or for one year where the period of stay is indefinite). Authorizes the Secretary to impose additional requirements. Requires States, as a condition of receiving financial assistance, to participate in the interstate compact regarding the sharing of driver's license data. Authorizes the Secretary to make grants to States to assist them in conforming to the document standards of this Act. Repeals overlapping provisions of the Intelligence Reform and Terrorism Prevention Act of 2004.
United States · United States Congress · 26 January 2005
Federal Wildland Firefighter Emergency Response Compensation Act of 2005 - Entitles a wildland firefighter employed by the Department of Agriculture or the Department of the Interior to compensation for the entire period of time such firefighter is engaged in officially ordered or approved duties in responding to a wildland fire or other emergency. Limits such compensation, for any 24-hour period, to the sum of 16 times the firefighter's hourly rate of basic pay, and eight times the firefighter's overtime hourly rate of pay. Treats wildland firefighter compensation received pursuant to this Act as basic pay for Federal retirement pay purposes.
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
Breast Cancer Research Stamp Reauthorization Act - Amends Federal postal law to extend through December 31, 2007, the U.S. Postal Service's authority to issue special postage stamps to help fund breast cancer research.
United States · United States Congress · 25 January 2005
Liquefied Natural Gas Act of 2005 - Amends the Natural Gas Act to transfer from the Federal Energy Regulatory Commission (FERC) to the Secretary of Energy oversight functions regarding the exportation or importation of natural gas, including free trade agreements and liquefied natural gas. Declares that no person shall site, construct, expand, or operate a liquefied natural gas import terminal without first having secured a FERC authorization. Prohibits any State or local government from requiring any form of authorization with respect to the siting, construction, expansion, or operation of a liquefied natural gas import terminal except as otherwise provided by Federal law. Prescribes guidelines for FERC oversight authority pertaining to scheduling and administrative proceedings. Defines liquefied natural gas import terminal as including all facilities located onshore or in State waters that are used to receive, unload, store, transport, gasify, or process liquefied natural gas imported to the United States from a foreign country, but does excluding the tankers used to deliver liquefied natural gas to such facilities.
United States · United States Congress · 25 January 2005
Adoption Tax Relief Guarantee Act of 2005 - Exempts provisions expanding the adoption tax credit and adoption assistance programs enacted by the Economic Growth and Tax Relief Reconciliation Act of 2001 from the general terminating (sunset) provisions of that Act.
United States · United States Congress · 20 January 2005
Military Death Benefit Improvement 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) while on active duty or inactive duty training; or (2) within 120 days after discharge or release from such duty or training, if the death resulted from an injury or disease incurred or aggravated during such duty or training.
United States · United States Congress · 6 January 2005
Iran Freedom Support Act - States that: (1) U.S. sanctions, controls, and regulations relating to weapons of mass destruction with respect to Iran shall remain in effect until the President certifies to the appropriate congressional committees that Iran has permanently and verifiably dismantled its weapons of mass destruction programs and has committed to combating such weapons' proliferation; and (2) such certification shall have no effect on other sanctions relating to Iranian support of international terrorism. Amends the Iran and Libya Sanctions Act of 1996 to: (1) eliminate mandatory sanction provisions respecting Libya; (2) impose mandatory sanctions on a person or entity that aids Iran acquire or develop weapons of mass destruction or destabilizing types and numbers of conventional weapons; (3) revise multilateral regime reporting requirements, including provisions respecting sanctions on individuals aiding Iranian petroleum development; (4) enlarge the scope of sanctionable entities; and (5) eliminate the sunset provision. Authorizes the President to provide financial and political assistance to eligible foreign and domestic individuals and groups that support democracy in Iran and that are opposed to the Government of Iran. Expresses the sense of Congress that: (1) the President should appoint a special assistant on Iranian matters; (2) contacts should be expanded with democratic Iranian opposition groups; and (3) the President should designate at least one such eligible group within 90 days of enactment of this Act.
United States · United States Congress · 4 January 2005
Ninth Circuit Judgeship and Reorganization Act of 2005 - Amends the Federal judicial code to divide the Ninth Judicial Circuit into the Ninth Circuit (to be composed of California, Guam, Hawaii, and the Northern Mariana Islands), the Twelfth Circuit (to be composed of Arizona, Nevada, Idaho, and Montana), and Thirteenth Circuit (to be composed of Alaska, Oregon, and Washington State). Requires the President to appoint five additional circuit judges for the new Ninth Circuit and two temporary judges for the former Ninth Circuit. Specifies the locations where new circuits are to hold regular sessions. Assigns active circuit judges of the former Ninth Circuit to the new circuits. Allows senior circuit judges of the former Ninth Circuit to elect assignment. Specifies the disposition of cases pending in the former Ninth Circuit before the effective date of this Act as follows: (1) proceedings in matters that have been submitted for decision shall continue without regard to this Act; (2) matters not yet submitted for decision must be transferred to the court to which they would have been submitted under this Act; and (3) proceedings on petitions for rehearing or rehearing en banc that have been submitted or decided shall continue without regard to this Act. Authorizes the temporary assignment of circuit and district judges of the former Ninth Circuit among the new circuits. Authorizes administrative coordination among any two contiguous new circuits. Directs that the former Ninth Circuit shall cease to exist for administrative purposes two years after enactment of this Act.
United States · United States Congress · 4 January 2005
Parental Consent Act of 2005 - Prohibits Federal funds from being used to establish or implement any universal or mandatory mental health screening program. Prohibits Federal education funds from being used to pay any local educational agency or other instrument of government that uses the refusal of a parent or legal guardian to provide consent to mental health screening as the basis of a charge of child abuse or education neglect until the agency or instrument demonstrates that it is no longer using such refusal as a basis of such charge. Defines universal or mandatory mental health screening as any mental health screening program in which a set of individuals is automatically screened without regard to whether there was a prior indication of a need for mental health treatment, including: (1) any program of State incentive grants to implement recommendations in the July 2003 report of the President's New Freedom Commission on Mental Health; and (2) any student mental health screening program that allows mental health screening of individuals under 18 years of age without the express, written, voluntary, informed consent of the parent or legal guardian of the individual involved.
United States · United States Congress · 4 January 2005
Redesignates the: (1) Department of the Navy as the Department of the Navy and Marine Corps; and (2) Secretary of the Navy as the Secretary of the Navy and Marine Corps. Makes similar redesignations with respect to Department Assistant Secretaries and the General Counsel.
United States · United States Congress · 4 January 2005
NASA and JPL 50th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury, in commemoration of the 50th anniversary of the establishment of the National Aeronautics and Space Administration (NASA) and the Jet Propulsion Laboratory (JPL) to mint and issue: (1) ten dollar gold coins; (2) five dollar gold coins; (3) one dollar silver coins; and (4) half-dollar silver coins emblematic of the 50 years of exemplary and unparalleled achievements of NASA and JPL. Directs each Federal agency and U.S. instrumentality that has in its possession any craft or any part of a craft that flew in space to: (1) retrieve any gold, silver, copper, and other precious metal that may be used in the production of any coins under this Act from such craft or part; and (2) deposit such metals with the Director of the United States Mint. Requires that all sales of coins minted under this Act include a surcharge of : (1) $75 per coin for the ten dollar coin; (2) $35 per coin for the five dollar coin; (3) $10 per coin for the one dollar coin; and (4) $3 for the half-dollar coin, which shall be paid by the Secretary to the NASA Family Assistance Fund for the purposes of providing financial assistance to the families of NASA personnel who die as a result of injuries suffered in the performance of their official duties.
United States · United States Congress · 4 January 2005
Community Choice in Real Estate Act - Amends the Bank Holding Company Act of 1956, and the Revised Statutes of the United States, to prohibit the Board of Governors of the Federal Reserve System and the Secretary of the Treasury, respectively, from determining that real estate brokerage activity or real estate management activity is financial in nature, is incidental to any financial activity, or is complementary to a financial activity. (In effect, prohibits financial holding companies and national banks from engaging, directly or indirectly, in real estate brokerage or real estate management activities.) Exempts from such prohibition: (1) activities of a bank holding company (or any affiliate) that directly relate to managing any real property owned by national banks or their affiliates; and (2) the right, power, or ability of any financial holding company to engage in any activity, or acquire or retain the shares of any company engaged in an activity authorized for financial holding companies on December 6, 2001 ("grandfather clause").
United States · United States Congress · 4 January 2005
Tax Reform Action Commission Act of 2005 - Declares that Congress must reform the Internal Revenue Code of 1986 so that the United States has a tax system that is: (1) simple, transparent, and efficient; (2) fair and equitable to all Americans; and (3) neutral between different activities and between current and future consumption. Establishes in the legislative branch a Tax Reform Action Commission (Commission). Requires the Commission to make recommendations for tax reform to meet those objectives to Congress within two years after it is established. Directs the Commission to establish task forces in Federal agencies to assist in the making and compiling of recommendations for tax reform. Sets forth procedures for congressional consideration of the Commission's recommendations.
United States · United States Congress · 4 January 2005
Amends the United Nations Participation Act of 1945 to bar the use of Department of State funds to pay the U.S. share of assessed contributions for the United Nations (UN) regular budget in an amount greater than the largest assessed contribution of any other permanent member country of the United Nations Security Council (currently, an amount greater than 22 percent of the total of all assessed contributions).
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
Citizens' Self-Defense Act of 2005 - Declares that a person not prohibited under the Brady Handgun Violence Prevention Act from receiving a firearm shall have the right to obtain firearms for security and to use firearms in defense of: (1) self or family against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury; (2) self or family in the course of the commission by another person of a violent felony against the person or a member of the person's family; and (3) the person's home in the course of the commission of a felony by another person. Authorizes persons whose rights under this Act have been violated to bring an action in U.S. district court against the United States, any State, or any person for damages, injunctive relief, and such other relief as the court deems appropriate. Sets forth provisions regarding: (1) the award of attorney's fees; and (2) the statute of limitations.
United States · United States Congress · 4 January 2005
Clean, Learn, Educate, Abolish, Neutralize, and Undermine Production (CLEAN-UP) of Methamphetamines Act - Authorizes the Secretary of Agriculture and the Secretary of the Interior to carry out environmental cleanup and remediation programs involving specified lands that are contaminated with hazardous substances associated with illegal methamphetamine manufacture. Directs: (1) the Secretary of Transportation and the Administrator of the Environmental Protection Agency (EPA) to designate as hazardous certain byproducts of the methamphetamine production process and expand penalties against laboratory operators; (2) the Administrator of the Drug Enforcement Administration to list byproducts likely to cause long-term environmental harm; (3) the Secretary of Labor, acting through the Occupational Safety and Health Administration, to provide grants to State and local law enforcement for specified training and equipment acquisition; (4) the EPA Administrator to study the impact of methamphetamine laboratory operation on the environment; and (5) the Secretary of Health and Human Services to study contamination issues. Amends: (1) the Elementary and Secondary Education Act of 1965 to authorize grants for educational programs; (2) the Public Health Service Act to authorize grants to provide treatment; and (3) the Omnibus Crime Control and Safe Streets Act of 1968 to include among permissible grant projects under the "cops on the beat" program hiring personnel and purchasing equipment. Urges the President to seek commitments from the Canadian Government regarding the availability of pseudoephedrine.
United States · United States Congress · 4 January 2005
Constitutional Amendment - Requires the Congress and the President, before each fiscal year, to agree on an estimate of total receipts for that fiscal year by enactment into law of a joint resolution. Prohibits total outlays for a fiscal year (except those for repayment of debt principal) from exceeding total receipts for that fiscal year (except those derived from borrowing) unless Congress, by a three-fifths rollcall vote of each House, authorizes a specific excess of outlays over receipts. Requires that the Congress provide by law for the repayment in the ensuing fiscal year of outlays that exceed actual receipts for a given year. Requires a three-fifths rollcall vote of each House to increase the public debt limit. Directs the President to submit a balanced budget to Congress annually. Prohibits any bill to increase revenue from becoming law unless approved by a majority of each House by rollcall vote. Authorizes waivers of these provisions when a declaration of war is in effect.
United States · United States Congress · 4 January 2005
Political Convention Reform Act of 2005 - Amends the Internal Revenue Code to repeal provisions providing for the use of funds from the Presidential Election Campaign Fund for presidential nominating conventions.
United States · United States Congress · 4 January 2005
Health Care Freedom of Choice Act - Amends the Internal Revenue Code to allow the tax deduction for medical expenses without the gross income percentage limitation.
United States · United States Congress · 4 January 2005
Expresses the sense of Congress that the Department of Defense should continue to exercise its long-standing statutory authority to support activities of the Boy Scouts of America, particularly the periodic national and world Boy Scout Jamborees.
United States · United States Congress · 6 December 2004
Expresses the sense of the House of Representatives that due to the allegations of fraud, mismanagement, and abuse within the United Nations oil-for-food program Kofi Annan should resign as Secretary General of the United Nations to help restore confidence that the investigations into those allegations are being fully and independently accomplished.
United States · United States Congress · 18 November 2004
Expresses the sense of Congress that the Department of Defense should continue to exercise its long-standing statutory authority to support activities of the Boy Scouts of America, particularly the periodic national and world Boy Scout Jamborees.
United States · United States Congress · 6 October 2004
Directs the Secretary of Agriculture to provide emergency financial assistance to agricultural producers who have incurred qualifying 2003 or 2004 crop losses due to weather or related conditions. Permits producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years. Makes producers ineligible for crop disaster assistance if they did not: (1) get Federal crop insurance for insurable commodities; and (2) file required paperwork and pay related fees for noninsurable commodities. Sets forth: (1) waiver provisions; and (2) payment limitations, including reductions for amounts received under the Florida Disaster Programs. Directs the Secretary to provide payments to livestock producers who have incurred 2003 or 2004 losses in an emergency-designated county, with discretionary set-asides for the American Indian livestock program. Permits producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years. Directs the Secretary to provide assistance to commercial orchardists and tree farmers who have suffered losses during the December 1, 2003 through December 31, 2004 period. Directs the Secretary to provide assistance to emergency conservation program participants. Amends the Food Security Act of 1985 to limit Commodity Credit Corporation amounts available for the conservation security program for FY 2005 through 2014.
United States · United States Congress · 4 October 2004
Emergency Agricultural Disaster Assistance Act of 2004 - Directs the Secretary of Agriculture to provide emergency financial assistance to agricultural producers who have incurred qualifying 2003 or 2004 crop losses due to weather or related conditions. Permits producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years. Makes producers ineligible for crop disaster assistance if they did not: (1) get Federal crop insurance for insurable commodities; and (2) file required paperwork and pay related fees for noninsurable commodities. Sets forth waiver provisions. Reduces payments for amounts received under a specified crop loss program announced in 2004. Directs the Secretary to provide payments to livestock producers who have incurred 2003 or 2004 losses in an emergency-designated county, with discretionary set-asides for the American Indian livestock program. Permits producers with qualifying losses in both years to elect to receive payments in either, but not both, of such years. Directs the Secretary to provide assistance under the tree assistance program to tree farmers who have suffered losses during the 2003-2004 winter.
United States · United States Congress · 30 September 2004
Amends the Trademark Act of 1946 to provide registered service marks, collective marks, and certification marks with the same protections, rights, and privileges as registered trademarks.
United States · United States Congress · 30 September 2004
Reenacts permanently chapter 12 (Adjustments of Debts of a Family Farmer) of the Federal bankruptcy code, as reenacted by division C of the Omnibus Consolidated and Emergency Supplemental Appropriations Act 1999.
United States · United States Congress · 29 September 2004
Protection of Family Farmers Act of 2004 - Amends the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 to extend for 18 additional months (until July 1, 2005) the period for which chapter 12 of the Federal Bankruptcy Code (Adjustments of Debts of a Family Farmer) is reenacted. States that such extension shall take effect on January 1, 2004.
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 · 22 July 2004
Ice Age Floods National Geologic Trail Designation Act of 2004 - Designates the Ice Age Floods National Geologic Trail, a trail from Missoula, Montana to the Pacific Ocean, to provide for the public appreciation, understanding, and enjoyment of the nationally significant natural and cultural features of the Ice Age Floods, and to promote efforts to interpret and educate along the pathways of the floods. Requires the Secretary of the Interior, acting through the Director of the National Park Service, to administer the Trail. Allows the Secretary to establish and operate a Trail management office within the vicinity of the Trail. Requires the Secretary to establish and maintain a trail advisory committee to assist the Trail manager and staff with the operation of the Trail. Requires the Secretary to prepare a Cooperative Management and Interpretation Plan for the Trail to: (1) describe strategies for the coordinated development of the Trail; (2) identify potential partnering opportunities to develop interpretative facilities and educational programs; (3) confirm and expand upon the inventory of floods' features contained in a specified National Park Service study; and (4) review and modify the map of the Trail. Allows the Secretary to acquire not more than 25 acres of land for public information and administrative purposes to facilitate the geographic diversity of the Trail.
United States · United States Congress · 22 July 2004
Snake River Water Rights Act of 2004 - Approves, ratifies, and confirms the Mediator's Term Sheet dated April 20, 2004, (the Agreement) to resolve the Snake River Basin Adjudication litigation involving the United States, the Nez Perce Tribe (the Tribe), and the State of Idaho. Requires the Secretary of the Interior and the heads of other Federal agencies to execute and perform all actions that are necessary to carry out the Agreement. Authorizes appropriations to the Secretary for a one-time payment to local governments to mitigate for the change of use of water acquired by the Bureau of Reclamation. Requires the Secretary to transfer land selected by the Tribe to the Bureau of Indian Affairs to be held in trust for the Tribe. Provides that the consumptive use and the springs or fountains water rights be held in trust by the United States for the benefit of the Tribe. Requires the Tribe to enact a water code to be approved by the Secretary. Establishes: (1) the Nez Perce Tribe Water and Fisheries Fund for the Tribe to acquire land and water rights, restore or improve fish habitat, or for fish production, agricultural development, cultural preservation, water resource development, or fisheries-related projects; (2) the Nez Perce Domestic Water Supply Fund to pay for the design and construction of water supply and sewer systems for tribal communities; and (3) the Salmon and Clearwater River Basins Habitat Fund to pay for habitat protection and restoration in the Salmon and Clearwater River basins. Sets forth waiver and release provisions. Allows the Secretary of Housing and Urban Development to make a grant to the City of Blackfoot, Idaho to assist with natural resource restoration and conservation and water resource development associated with the Jensen Grove Lake.
United States · United States Congress · 22 July 2004
Individual Social Security Investment Program Act of 2004 - Amends title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act to add a new part B (Individual Social Security Investment Program) to change Social Security into a system of individual accounts where workers born on or after January 1, 1950, who have elected to participate in the new part B program have ownership of and control over the investment of their retirement funds in various investment vehicles: (1) Tier I Investment Fund; (2) Tier II Investment Fund; and (3) Tier III Investment Accounts. Allows participating workers choosing the individual account option to have 100 percent of their redirected Social Security contribution for the calendar year (6.2 percent of the sum of the total wages paid to, and self-employment income derived by, the participant) deposited into the Tier I Investment Fund. Provides for transfer of any amount held in the Tier I Investment Fund into the Tier II Investment Fund, and for an individual's first election of a Tier III investment account once the total balance of the Tier II account exceeds the minimum deposit balance of $10,000. Directs the Executive Director to establish and maintain a part B totalization account for each participant. Provides that workers choosing the individual account under the Tier II option with a variety of investment options, with the initial default option set at 60 percent stocks, and 40 percent bonds. Provides for retirement distributions, including purchase of annuities. Provides that workers who choose the individual account option shall receive a recognition bond, redeemable upon reaching retirement age, based on the accrued value of their lifetime to date benefits. Establishes in the executive branch of the Government an Individual Unvestment Board to administer the program established under this Act. Amends the Internal Revenue Code to exempt from income taxation any fund created, account established, or annuity under part B of title II of the Social Security Act, unless subject to taxes on unrelated business income of charitible organizations. Excludes from the gross income of a distributee or payee: (1) any fund or account distribution or any annuity payment; or (2) the value of a recognition bond issued to a participant, or the proceeds from its sale or redemption. Amends SSA title II to provide that, except with respect to determination of disability insurance benefits, a participant shall not be credited with wages or self-employment income under part B of SSA title II. Provides for the maintance of adequate balances in the Social Security trust funds.
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 · 20 July 2004
Expresses the sense of the House of Representatives that: (1) the actions of terrorists will never cause the date of any Presidential election to be postponed; and (2) no single individual or agency should be given the authority to postpone the date of such an election.
United States · United States Congress · 15 July 2004
Federal Wetlands Jurisdiction Act of 2004 - Amends the Federal Water Pollution Control Act (FWPCA) to clarify that waters of the United States, including the territorial seas, are subject to the jurisdiction of the permitting program for the discharge of dredged or fill material if such waters are: (1) navigable; (2) hydrologically connected to navigable waters through a continuous, naturally occurring surface connection; or (3) wetlands adjacent to such navigable or hydrologically connected waters. States that waters are considered hydrologically connected to navigable waters for purposes of this Act if connected by perennial or intermittent streams that contribute flow to navigable waters. Excludes from the definition those waters connected by: (1) sheet flow; (2) ephemeral waters, ground water, manmade ditches, or pipelines; or (3) a municipal separate storm sewer system or any other regulated point source. Excludes fastlands (areas located behind legally constituted manmade structures) from the jurisdiction of the permitting program for the discharge of dredged or fill material. Sets forth procedures whereby property owners, or those with written authorization from such owners, may: (1) request that the Secretary of the Army determine jurisdiction under this Act and thereafter seek judicial review or injunctive relief; or (2) proceed under the administrative appeals process. Transfers to the Secretary of the Army, acting through the Chief of Engineers, the Environmental Protection Agency (EPA) Administrator's authority over permits for the discharge of dredged or fill material into navigable waters under the FWPCA. Allows the Administrator to retain authority to comment on such permits.
United States · United States Congress · 13 July 2004
States that the House of Representatives: (1) condemns the Palestinian leadership for failing to carry out its responsibilities under the Roadmap and under other obligations it has assumed, and to bring an end to terrorist attacks directed at Israel; (2) deplores the misuse of the International Court of Justice (ICJ) for the political purpose of advancing the Palestinian position on matters Palestinian authorities have said should be the subject of negotiations, the ICJ's willingness to acquiesce in efforts that are likely to undermine its reputation and interfere with a resolution of the Palestinian-Israeli conflict, and the attempt to infringe upon Israel's right to self defense; (3) commends the President and the Secretary of State for their leadership in marshaling opposition to the misuse of the ICJ; (4) calls on members of the international community to reflect on the steps taken by the Government of Israel to mitigate the impact of the security barrier on Palestinians, including steps it has taken by order of its High Court of Justice; and (5) cautions members of the international community that they risk a strongly negative impact on their relationship with the people and Government of the United States should they use the ICJ's advisory judgment as an excuse to interfere in the Roadmap process and impede efforts to achieve progress toward a negotiated settlement.
United States · United States Congress · 25 June 2004
Federal Whistleblower Protection Tax Act of 2004 - Amends the Internal Revenue Code to exclude from gross income damages (other than punitive damages and lost income) and amounts awarded as attorney fees and costs for claims under Federal whistleblower provisions prohibiting the discharge of, or discrimination, retaliation, or reprisal against, an employee for asserting rights or taking permitted actions. Provides for the averaging of such lost income for income tax purposes.
United States · United States Congress · 25 June 2004
Small Community Options for Regulatory Equity Act of 2004 - Amends the Safe Drinking Water Act to require States exercising primary enforcement responsibility for public water systems to exempt any nonprofit small public water system (serving 10,000 or fewer persons) that so requests in accordance with this Act from the requirements of any national primary drinking water regulation for naturally occurring contaminants, including arsenic, radon, radium, uranium, and specified disinfection byproducts. Requires exemption requests to include a finding that the system's compliance with applicable national primary drinking water regulations is not economically feasible. Precludes judicial or administrative review of such findings.
United States · United States Congress · 24 June 2004
OSHA and Employer Cooperation Act of 2004 - Amends the Occupational Safety and Health Act of 1970 to revise certain enforcement provisions. Sets periods of 30 workdays for: (1) issuing citations (currently with reasonable promptness or within a reasonable time); and (2) contesting citations (currently fifteen workdays). Prohibits the Secretary of Labor from: (1) assessing certain penalties in connection with the initial issuance of a citation, with the exception of willful violations, if the employer corrects the condition in violation and provides an abatement certification within 72 hours; (2) citing on multiemployer worksites any but the employer whose employees were exposed to a condition in violation; or (3) using other than serious citations as a basis for issuing subsequent, repeat, or willful citations. Requires inspectors, at closing conferences after completing inspections, to provide employers or their representatives with written statements providing specified information.
United States · United States Congress · 23 June 2004
Health Care Choice Act - Amends the Public Health Service Act to provide that the laws of the primary State (as designated by the health insurance issuer) apply to individual health insurance coverage offered by that issuer both in the primary State and in any secondary State. Exempts health insurance issuers from any State law or regulation that would: (1) regulate the operation of the health insurance issuer in the secondary State, except for certain activities, including paying taxes and registering with the State insurance commissioner; (2) require any individual health insurance coverage issued by the issuer to be countersigned by an agent or broker residing in the secondary State; or (3) discriminate against the issuer issuing insurance in both primary and secondary States. Allows States to require brokers to obtain a license from that State, but not to impose any requirements that discriminate against nonresident brokers. Requires health insurance issuers offering coverage in more than one State to submit to the insurance commissioner of each State a copy of a plan of operation or a feasibility study, written notice of any change in designation of its primary State, and an annual financial statement. Declares that this Act does not affect the authority of Federal or State courts to enjoin the sale of health insurance coverage to any person or group who is not eligible for such insurance or by a health insurance issuer that is in hazardous financial conditions. Sets forth requirements for primary States. Gives sole jurisdiction to primary States to enforce the covered laws in primary and secondary States. Sets forth procedures for resolving disputes.
United States · United States Congress · 22 June 2004
States that the House of Representatives: (1) is grateful for the support of the people and Government of Portugal; (2) commends the Government of Portugal and the Portuguese people for their friendship, leadership, and support; (3) commends the bravery of all members of the Portuguese armed forces who have participated in the effort to bring an end to international terrorism; and (4) expects the unique friendship between the United States and Portugal to continue.
United States · United States Congress · 18 June 2004
Amends the Farm Security and Rural Investment Act of 2002 to: (1) direct the Secretary of Agriculture or the Commodity Credit Corporation (CCC), at State request, to enter into a memorandum of understanding with the State to collect approved State commodity assessments from the proceeds of marketing assistance loans; (2) prohibit the Secretary and CCC from terminating such a memorandum of understanding on the grounds that the State has changed the assessment rate; and (3) direct the Secretary and CCC to reinstate, at State request, any such memorandum that was terminated before the date of the enactment of this Act.
United States · United States Congress · 15 June 2004
Honors the life and accomplishments of Ray Charles Robinson. Recognizes his invaluable contributions to the Nation, the State of Georgia, and the American musical heritage. Extends condolences to his family on his death.
United States · United States Congress · 2 June 2004
Amends title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to repeal the reduction in Medicare payment for certain items of durable medical equipment.
![Official portrait of Rep. Otter, C. L. (Butch) [R-ID-1]](https://www.congress.gov/img/member/o000166_200.jpg)