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
Higher Education Science and Technology Competitiveness Act - Amends the Higher Education Act of 1965 to direct the Secretary of Education to award grants for articulation agreements between institutions of higher education that specifies the acceptability of courses in transfer toward meeting specific degree requirements, especially in mathematics, science, engineering, and technology. Allows the use of grant funds to establish articulation agreements: (1) statewide, among public two-year and four-year institutions of higher education, to provide a seamless transition for the transfer of students through a common core curricula that reflects the workforce needs of private industry; and (2) within community colleges, between occupational competency or certification programs and associate degree programs, to increase the proportion of students who enroll to complete their associate degree. Allows such grants also to be used to: (1) collect data on transfers from two-year to four-year institutions, for monitoring purposes; (2) develop a statewide articulation guide in consultation with public colleges and universities to provide students with descriptions of articulation requirements; and (3) develop a plan for professional development of two-year college faculty.
United States · United States Congress · 4 January 2005
National Security Language Act - Amends the Higher Education Act of 1965 (HEA) to establish programs to encourage early foreign language instruction, including grants to: (1) partnerships of institutions of higher education (IHEs) and local educational agencies (LEAs) for activities relating to foreign language instruction at elementary or secondary schools, with priorities for high-need LEAs and less-commonly taught foreign languages; and (2) IHEs that develop innovative programs for the teaching of foreign languages, with priorities for combining foreign languages with science and technology and for less-commonly taught foreign languages. Provides undergraduate student loan forgiveness of up to $10,000 for students who major in a critical foreign language and are employed as teachers of such language in elementary or secondary schools or as using such language regularly in a Federal agency. Directs the Secretary of Education to: (1) establish a foreign language education marketing campaign to encourage students at secondary schools and IHEs to study foreign languages, particularly ones less commonly taught and critical to national security; and (2) conduct a study to identify foreign language heritage communities and recruit speakers of such critical languages. Amends the David L. Boren National Security Education Act of 1991 to establish an International Flagship Language Initiative with grants to IHEs.
United States · United States Congress · 4 January 2005
Social Security Fairness Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to repeal: (1) pension offset provisions applicable to husband's and wife's insurance benefits, widow's and widower's insurance benefits, and mother's and father's insurance benefits with respect to OASDI payments; and (2) windfall elimination provisions with respect to computation of the primary insurance amount of an individual.
United States · United States Congress · 4 January 2005
Belated Thank You to the Merchant Mariners of World War II Act of 2005 - Directs the Secretary of Veterans Affairs to pay a monthly benefit of $1,000 to certain honorably-discharged veterans of the U.S. Merchant Marine who served between December 7, 1941, and December 31, 1946 (or to their survivors). Includes service in the Army Transport Service and the Naval Transport Service. Exempts benefits paid under this Act from taxation. Provides for benefits for World War II Merchant Mariners under title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act.
United States · United States Congress · 4 January 2005
Stop Counterfeiting in Manufactured Goods Act - Modifies Federal criminal code provisions regarding trafficking in counterfeit goods or services to prohibit trafficking in counterfeit marks. Directs the court: (1) upon a determination by a preponderance of the evidence that any article in a defendant's possession bears or is a counterfeit mark, to order the forfeiture and destruction of such article, regardless of whether the defendant is convicted of an offense; and (2) in imposing sentence, to order a person convicted of, or who pleads guilty or nolo contendre to, a violation to forfeit any property derived from proceeds of, or used in the commission of, the violation. Modifies the definition of "counterfeit mark" to include a spurious mark that is applied to, or consists of, a label, patch or medallion. Provides that nothing in this Act shall entitle the United States to bring a criminal cause of action for the repackaging, without deception, of genuine goods or services.
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
Servicemembers Anti-Predatory Lending Protection Act - Amends the Servicemembers Civil Relief Act to set forth terms for consumer credit extended to a servicemember or servicemember's dependent, including terms of interest with respect to the extension of such credit. Prohibits a creditor from imposing an annual percentage rate greater than 36 percent with respect to the consumer credit extended. Sets forth mandatory loan disclosures, including: (1) a statement of the annual percentage rate applicable to the extension of credit; and (2) a clear description of the payment obligations. Prohibits a creditor from automatically renewing, repaying, refinancing, or consolidating any consumer credit with the proceeds of other credit extended to a servicemember or a servicemember's dependent by the same creditor without: (1) executing new loan documentation signed by the servicemember; and (2) providing the mandatory loan disclosures. Preempts any State or Federal law, rule, or regulation, including any State usury law, to the extent that it is inconsistent with this Act. States that this Act does not preempt any such law, rule, or regulation that provides additional protection. Prescribes criminal penalties for violation of this Act.
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
Declares that the House honors Shirley Chisholm (a former Representative from New York) for her service to the Nation, her work to improve the lives of women and minorities, her steadfast commitment to demonstrating the power of compassion, and her dedication to justice and equality. Expresses its deepest condolences upon her death to her family, friends, and supporters.
![Official portrait of Rep. Schwarz, John J.H. "Joe" [R-MI-7]](https://www.congress.gov/img/member/s001161_200.jpg)