United States · United States Congress · 8 October 2004
Atchafalaya National Heritage Area Act - Establishes the Atchafalaya National Heritage Area in Louisiana. Designates the Atchafalaya Trace Commission as the local coordinating entity of the Heritage Area. Prohibits the use of Federal funds authorized under this Act to acquire real property. Requires the Commission to develop and implement a management plan, subject to the Secretary of the Interior's approval, that incorporates an integrated and cooperative approach to conserve, interpret, and enhance the resources of the Heritage Area. Establishes a procedure for the voluntary inclusion of private property in the Heritage Area.
United States · United States Congress · 5 October 2004
New Shipper Review Amendment Act of 2004 - Amends the Tariff Act of 1930 with respect to with respect to reviews by the administering authority to establish an individual weighted average dumping margin or an individual countervailing duty rate (as the case may be) for a new exporter or producer that: (1) did not export the merchandise that was the subject of an antidumping duty or countervailing duty order to the United States during the period of investigation; and (2) was not affiliated with any exporter or producer who did. Suspends, until three years after enactment of this Act, the requirement that the administering authority direct the Customs Service to allow, at the option of the importer of such merchandise, the posting, until completion of the review, of a bond or security in lieu of a cash deposit for each entry of the subject merchandise (bonding privileges).
United States · United States Congress · 23 September 2004
Constitutional Amendment - Marriage Protection Amendment - Declares that marriage in the United States shall consist only of the union of a man and a woman. Prohibits the Constitution or any State constitution from being construed to require that marital status or its legal incidents be conferred upon any union other than that of a man and a woman.
United States · United States Congress · 22 July 2004
Municipal Solid Waste Responsibility Act of 2004 - Amends the Solid Waste Disposal Act to prohibit a landfill or incinerator (facility) from receiving out-of-State municipal solid waste unless the owner or operator of the facility obtains explicit authorization from the affected local government. Directs affected local governments, prior to taking formal action on a request for such authorization, to: (1) notify the Governor, contiguous local governments, and any contiguous Indian tribes; and (2) provide public notice and an opportunity for comment. Creates exceptions to the authorization requirement for owners or operators who held certain authorizations prior to enactment of this Act, where the facility received shipments of out-of-State municipal solid waste during 1993, or where the waste was generated within the bi-State metropolitan statistical area in which the facility is located. Authorizes States to: (1) limit the amount of out-of-State municipal solid waste received annually by facilities; (2) impose cost recovery surcharges on the combustion or disposal of such waste; and (3) enact laws imposing limitations on the receipt and disposal of foreign municipal solid waste. Prohibits persons from importing, transporting, or exporting municipal solid waste for final disposal or incineration in violation of the Agreement Between the Government of the United States of America and the Government of Canada Concerning the Transboundary Movement of Hazardous Waste. Requires the Administrator of the Environmental Protection Agency to conduct studies and develop recommendations concerning the benefits of alternatives to open field disposal of agricultural solid wastes (including biomass).
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 · 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 · 1 June 2004
Amends the Federal Water Pollution Control Act to extend to FY 2010 the authorization of appropriations for the Lake Pontchartrain Basin Restoration Program in Louisiana and Mississippi.
United States · United States Congress · 22 April 2004
Amends Federal provisions concerning the National Guard Challenge Program (a civilian youth opportunities program conducted by the Secretary of Defense) to: (1) provide a maximum Federal matching funds level of 65 percent of the costs of operating the State program during FY 2005, 70 percent during FY 2006, and 75 percent for FY 2007 and beyond; (2) authorize appropriations for the Program for FY 2005; and (3) rename it the National Guard Youth Challenge Program.
United States · United States Congress · 2 April 2004
Individual Tax Freedom Act of 2004 - Amends the Internal Revenue Code to repeal the income tax, estate and gift taxes, certain excise taxes, and certain tax administration provisions of the Internal Revenue Code of 1986 (effective in 2006). Imposes a national sales tax (effective in 2006) equal to 15 percent of the gross payments for the use, consumption or enjoyment in the United States of any taxable property or service, whether produced or rendered within or without the United States. Allows certain exemptions from such tax, including exemptions for property or services purchased for a business purpose in an active trade or business or for export for use or consumption outside the United States. Sets forth provisions for the administration and collection of the tax and for credits and refunds. Allows for: (1) installment payments of tax resulting from the purchase of a principal residence; (2) a sales tax rebate for certain low-income families; and (3) compensating payments to certain persons on fixed incomes. Grants States the authority to administer and collect the sales tax and to remit tax proceeds to the Treasury. Prohibits the funding of the Internal Revenue Service after FY 2007. Establishes in the Department of Treasury: (1) an Excise Tax Bureau to administer any excise taxes not repealed by this Act; and (2) a Sales Tax Bureau to administer the national sales tax established by this Act. Directs the Social Security Administration to collect and administer employment and self-employment payroll taxes. Requires a two-thirds vote of the Members of the House of Representatives or the Senate to consider any legislation that raises any Federal sales tax rate or results in a reduction in Federal revenues.
United States · United States Congress · 1 April 2004
American Bald Eagle Recovery and National Emblem Commemorative Coin Act - Directs the Secretary of the Treasury, in celebration of the recovery of the bald eagle, in commemoration of the 35th anniversary of the enactment of the Endangered Species Act of 1973, and the placement of the bald eagle on the endangered species list under such Act, to mint and issue not more than: (1) 100,000 $5 gold coins; (2) 500,000 $1 silver coins; and (3) 750,000 half dollar coins. Directs that the design of the coins be emblematic of the bald eagle and its history, natural biology, and national symbolism. Requires that sales of the coins include a surcharge of $35 per coin for the $5 coin, $10 for the $1 coin, and $3 for the half dollar coin, which shall be promptly paid by the Secretary to the American Eagle Foundation of Tennessee to: (1) establish an interest-bearing endowment called the American Eagle Fund as a permanent source of support for the care, monitoring, maintenance, and recovery of the bald eagle and its habitat in the United States; (2) make annual grants to Federal, State, and private eagle restoration, protection, and enhancement projects; (3) administer the Fund in an annual amount not to exceed the lesser of ten percent of the annual income of the Fund or $250,000; and (4) provide financial support for capital projects and for continuation and expansion of the Foundation's efforts to educate the American people about the bald eagle.
United States · United States Congress · 12 March 2004
Foreign Government Ownership Act of 2004 - Amends the Communications Act of 1934 to prohibit any broadcast license, permit, or operating authority from being granted to or held by a corporation, joint venture, partnership, other business organization, trust, or other entity controlled by a foreign government or its representatives. Prohibits the Federal Communications Commission from waiving the application of such prohibition. Sets forth: (1) tests for determining foreign control; and (2) enforcement mechanisms, including revocation and reassignment.
United States · United States Congress · 21 January 2004
Broadcast Decency Enforcement Act of 2004 - Amends the Communications Act of 1934 to provide that, if the violator of the terms and conditions of any Federal Communications Commission (FCC) license, permit, or certificate is either a broadcast station licensee or permittee or an applicant for a broadcast license, permit, or certificate, and such violator is determined by the FCC to have broadcast obscene, indecent, or profane language, the amount of forfeiture penalty shall not exceed $275,000 for each violation or day of such violation, to a maximum of $3 million for any single act or failure to act.
United States · United States Congress · 21 January 2004
Commends: (1) the Louisiana State University Tigers football team for winning the 2003 Bowl Championship Series national championship game; and (2) the Southern University Jaguars football team for winning the 2003 SBN Black College National Championship.
United States · United States Congress · 8 December 2003
Abortion Non-Discrimination Act of 2003 - Amends the Public Health Service Act to prohibit the Federal Government, and any State or local government that receives Federal financial assistance, from discriminating against any health care entity because (in addition to current prohibited reasons) the entity refuses to provide coverage of, or pay for, induced abortions. Expands the definition of "health care entity" to include (in addition to physicians) other health professionals, a hospital, a provider sponsored organization, a health maintenance organization, a health insurance plan, and any other kind of health care facility, organization, or plan.
United States · United States Congress · 21 November 2003
Ronald Reagan Dime Act - Amends Federal law governing coins and currency to require dime coins issued after a certain date to bear the likeness of President Ronald Reagan.
United States · United States Congress · 20 November 2003
Transportation Equity Act: A Legacy for Users - Reauthorizes the Federal-aid surface transportation program through FY 2009. Reauthorizes appropriations from the Highway Trust Fund (HTF) for: (1) specified highway (including highway safety) programs; (2) research and technology; (3) motor carrier safety; and (4) transportation research. Directs the Secretary of Transportation to establish a National Commission on Future Revenue Sources to Support the HTF. Establishes: (1) a National Commission on the Future of the Dwight D. Eisenhower National System of Interstate Defense Highways; and (2) a Commission on Intelligent Transportation Systems Procurement Policy. Requires States with an urbanized area population of over 200,000 to obligate specified funds for congestion relief. Federal Public Transportation Act of 2004 - Sets forth revised provisions governing public transportation funding and the Secretary's authority to make specified grants, including grants for capital projects, planning, and transit and for commercial driver's license program improvements. Directs the Secretary to establish programs involving: (1) long-term bridge performance; (2) innovative highway safety technologies; (3) freight planning capacity building; (4) freight transportation research; (5) future strategic highway research; (6) surface transportation congestion solutions research; and (7) commercial remote sensing products and spatial information technologies. Intelligent Transportation Systems Act of 2004 - Directs the Secretary to conduct an ongoing intelligent system transportation program to research, develop, and operationally test and advance nationwide deployment of intelligent transportation systems as a component of the U.S. surface transportation systems. Incorporates Federal Highway Administration and Federal Transit Administration planning provisions. Reauthorizes the hazardous materials transportation program. Makes the guaranteed funding levels provided under this Act dependent on identifying additional budgetary resources.
United States · United States Congress · 28 October 2003
Urges the President to present the Presidential Medal of Freedom to Pope John Paul II to commemorate the Silver Jubilee of the inauguration of his ministry as Bishop of Rome and Supreme Pastor of the Catholic Church.
United States · United States Congress · 14 October 2003
Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act (SSA) to make a technical amendment to the definition of qualifying State used for purposes of giving certain States operating under waivers of specified State plan requirements the authority to use up to 20 percent of their FY 1998 through 2001 SCHIP allotments, for fiscal years in which they are available, for paying the costs of covering under Medicaid (SSA title XIX) certain low-income children whose family income meets an income eligibility standard under such waivers of at least 185 percent of the poverty line. Extends the meaning of qualifying State to include waivers first implemented, and 185 percent-of-the-poverty-line eligibility standards operating, on several specified dates to allow additional States (New Mexico, Maryland, Hawaii, and Rhode Island) to use such portion of their unspent SCHIP funds for covering such children under Medicaid.
United States · United States Congress · 10 October 2003
Authorizes the President to award congressional gold medals posthumously, to their next of kin, on behalf of Reverend Joseph A. DeLaine, Harry and Eliza Briggs, and Levi Pearson, in recognition of their contributions to the Nation as pioneers in South Carolina in the effort to desegregate public schools that led directly to the landmark desegregation case of Brown et al. v. the Board of Education of Topeka et al. Directs that amounts received from the sale of duplicate bronze medals be deposited in the U.S. Mint Public Enterprise Fund.
United States · United States Congress · 8 October 2003
Marine Corps 230th Anniversary Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue not more than 500,000 one dollar coins which shall be emblematic of the warrior ethos of the United States Marine Corps. Requires all surcharges from the sale of the coins to be paid to the Marine Corps Heritage Foundation for construction of the Marine Corps Heritage Center.
United States · United States Congress · 8 October 2003
Database and Collections of Information Misappropriation Act - Makes civilly liable any person who makes available in commerce to others a substantial part of the information contained in a database generated, gathered, or maintained by another person without authorization. Provides exceptions for: (1) independently generated or gathered information; (2) certain reasonable use by a nonprofit educational, scientific, and research institution; (3) hyperlinking one online location to another; and (4) making such information available for the primary purpose of news reporting. Excludes from protection under this Act: (1) government and Federally mandated databases; and (2) computer programs. Provides civil remedies, including temporary and permanent injunctions and monetary relief for damages. Prohibits actions against the United States Government. Provides oversight by the Federal Trade Commission and the Patent and Trademark Office. Requires any civil action under this Act to be commenced within two years after its cause arises.
United States · United States Congress · 25 September 2003
District of Columbia Personal Protection Act - Amends the District of Columbia Code to provide that the D.C. Council's regulatory authority regarding firearms, explosives, and weapons in the District shall not be construed to permit the Council, the Mayor, or any governmental or regulatory authority of the District to prohibit, constructively prohibit, or unduly burden the ability of persons otherwise permitted to possess firearms under Federal law from acquiring, possessing in their homes or businesses, or using for sporting, self-protection or other lawful purposes, any firearm neither prohibited by Federal law nor regulated by the National Firearms Act. Denies the District any authority to enact laws or regulations that discourage or eliminate the private ownership or use of firearms. Amends the Firearms Control Regulations Act of 1975 to repeal the definition of a machine gun as any firearm which shoots, is designed to shoot, or can be readily converted or restored to shoot semiautomatically, more than 12 shots without manual reloading. (Thus repeals the ban on semiautomatic weapons.) Repeals the District's: (1) registration requirement for possession of firearms; (2) prohibition on registration of pistols (handguns); (3) prohibition on possession of handgun ammunition; (4) requirement that, under certain conditions, firearms in the possession of certain individuals must be kept unloaded, disassembled, or with the trigger locked; (5) related firearm registration requirements such as applicant qualifications and filing deadline. Maintains the current ban on the possession and control of a sawed-off shotgun, machine gun, or short-barreled rifle. Eliminates criminal penalties for possessing an unregistered firearm. Amends Federal law to eliminate criminal penalties for carrying a pistol whether loaded or unloaded in one's dwelling house, place of business, or on land possessed by such person.
United States · United States Congress · 24 September 2003
Declares that the Federal Trade Commission is authorized under the Telemarketing and Consumer Fraud and Abuse Prevention Act to implement and enforce a national do-not-call registry. Ratifies the do-not-call registry provision of the Telemarketing Sales Rule which was promulgated by the Federal Trade Commission, effective March 31, 2003.
United States · United States Congress · 23 September 2003
Fairness to Contact Lens Consumers Act - Requires a contact lens prescriber (a person permitted under State law to issue prescriptions for contact lenses) to provide a patient, or a person acting on behalf of such patient, with a copy of the contact lens prescription without any additional fee. Requires a seller of contact lenses to verify a prescription by direct communication with the prescriber. Declares that a contact lens prescription shall expire: (1) on the date specified by the law of the State involved, if that date is one year or more after the issue date of the prescription; or (2) not less than one year after the issue date of the prescription, if such State law specifies no date or a date that is less than one year after the date of the prescription. Permits an exception in either instance for a patient's ocular health. Prohibits: (1) advertising that lenses for which a prescription is required may be obtained without a prescription; and (2) a prescriber from issuing examination accuracy waivers. States that any violation of this Act shall be treated as a violation of the Federal Trade Commission Act regarding unfair or deceptive acts or practices.
United States · United States Congress · 25 July 2003
Terrorist Penalties Enhancement Act of 2003 - Amends the Federal criminal code to require any person who, in the course of committing a terrorist offense, engages in conduct that results in the death of a person, to be punished by death or imprisoned for any term of years or life. Includes "terrorist offenses resulting in death" among the aggravating factors for homicide which are used in determining whether a death sentence is justified. Denies Federal benefits to any individual who is convicted of a Federal crime of terrorism, for any term of years or for life.
United States · United States Congress · 25 July 2003
Supports the National Railroad Hall of Fame, Inc., of Galesburg, Illinois, in its endeavor to erect a monument known as the National Railroad Hall of Fame.
United States · United States Congress · 24 July 2003
Amends title XXI (State Children's Health Insurance Program) (SCHIP) of the Social Security Act (SSA) to revise the special rule for the redistribution and availability of unexpended FY1998 and 1999 SCHIP allotments, including to: (1) extend the availability of FY 1998 and 1999 reallocated funds through FY 2004; and (2) permit 50 percent of the total amount of unexpended FY 2000 and 2001 SCHIP allotments that remain available to a State through the end of FY 2002 and 2003 to remain available for expenditure by the State through the end of FY 2004 and 2005, respectively. Makes this amendment effective as though it had been enacted on September 30, 2002. Grants authority to qualifying States, with respect to FY 1998 through 2001 SCHIP allotments, for fiscal years in which such allotments are available, to elect to use not more than 20 percent of them (instead of for expenditures under SCHIP) for Medicaid medical assistance payments with respect to certain children under SSA title XIX. Amends the Jobs and Growth Tax Relief Reconciliation Act of 2003 to make a technical amendment with respect to State eligibility for an increase in its Federal medical assistance percentage (FMAP) or an increase in the cap on Medicaid payments to territories. Makes such amendment effective as if included in the enactment of the Jobs and Growth Tax Relief Reconciliation Act of 2003.
United States · United States Congress · 17 July 2003
John Marshall Commemorative Coin Act - Directs the Secretary of the Treasury: (1) to mint and issue not more than 400,000 silver one dollar coins emblematic of Chief Justice John Marshall and his contributions to the United States in commemoration of the 250th anniversary of his birth; and (2) in cooperation with the Legacy Fund of the Library of Congress, to develop and implement a marketing program to promote and sell the coins. Directs that all sales of coins minted under this Act include a ten dollar per coin surcharge, to be paid by the Secretary to the Supreme Court Historical Society for purposes of: (1) supporting historical research about the Supreme Court, the Constitution, and related topics; (2) supporting fellowship programs, internships, and docents at the Supreme Court; and (3) collecting and preserving related antiques, artifacts, and other historical items.
United States · United States Congress · 9 July 2003
Clear Law Enforcement for Criminal Alien Removal Act of 2003 or the CLEAR Act of 2003 - States that: (1) State and local law enforcement personnel are fully authorized to investigate, apprehend, or remove aliens in the United States (including interstate transportation of such aliens to detention centers) in the enforcement of U.S. immigration laws; and (2) a State that does not have a statute permitting enforcement of Federal immigration laws within two years of enactment of this Act shall not receive certain Federal incarceration assistance. Amends the Immigration and Nationality Act with respect to illegal aliens to: (1) establish criminal penalties and forfeiture for aliens unlawfully present in the United States; (2) increase specified criminal and civil penalties for illegal entry and failure to depart violations; and (3) provide for payment of funds from certain civil penalties to State and local law enforcement agencies for apprehension of such aliens. Provides for the listing of immigration violators in the National Crime Information Center database. Requires States and localities to provide the Department of Homeland Security with specified information about apprehended illegal aliens. Eliminates certain Federal incarceration assistance for noncompliance. Directs the Attorney General to make grants to local police agencies for equipment and facilities related to housing and processing illegal aliens. Amends the Act to provide for Federal custody and State or local compensation of State or locally apprehended illegal aliens. Establishes a process for State and local claims against the Federal Government for failure to cooperate in enforcing immigration laws. Directs the Secretary or the Attorney General to establish immigration-related training for State and local personnel. Provides: (1) personal liability immunity for Federal, State, or local personnel enforcing immigration laws within the scope of their duties; and (2) civil rights money damage immunity for Federal, State, or local agencies enforcing immigration laws unless their personnel violated criminal law in such enforcement. States that the Department of Justice and the Department of Homeland Security shall continue to operate the Institutional Removal Program, which shall be expanded to all States.
United States · United States Congress · 25 June 2003
Medicare Prescription Drug and Modernization Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to add a new part D (Voluntary Prescription Drug Benefit Program) under which each individual who is entitled to benefits under Medicare part A (Hospital Insurance) or enrolled under Medicare part B (Supplemental Medical Insurance) is entitled to obtain qualified prescription drug coverage. Authorizes the individual to elect to enroll: (1) in a Medicare Advantage (MA) plan (replacing the current Medicare+Choice plans under Medicare part C (Medicare+Choice)); (2) in an enhanced fee-for-service (EFFS) plan; or (3) in a prescription drug plan (PDP) if the individual is not enrolled in an MA-EFFS plan (a Medicare Advantage plan and an EFFS plan). Establishes a Medicare Prescription Drug Trust Fund. Outlines standard coverage benefit packages for FY 2006. Includes for the standard package an annual deductible of $250, and requires insurers to cover 80 percent of enrollees drug costs up to the initial coverage limit of $2,000. Requires enrollees to cover all costs between $2,001 and $3,500, and Medicare to cover the entire cost once the beneficiary has reached the $3,500 catastrophic out-of-pocket threshold. Prescribes a formula for adjustment of: (1) such deductible and annual limits for inflation; and (2) such catastrophic limit for each enrollee in a PDP or in an MA-EFFS Rx plan (an MA-EFFS plan which provides qualified prescription drug coverage) whose adjusted gross income exceeds $60,000. Establishes a competitive bidding process for negotiating the terms and conditions of PDP sponsors. Provides for full premium subsidy and reduction of cost-sharing for individuals with incomes below 135 percent of the Federal poverty level. Contains subsidy payments for qualifying entities to promote the participation of PDP and MA-EFFS Rx plan sponsors. Sets out: (1) a new Medicare prescription drug discount card and assistance program under the Medicare program; and (2) requirements for combating waste, fraud, and abuse under Medicare. Makes a number of other changes with regard to Medicare: (1) part A concerning rural health care, inpatient hospital services, skilled nursing facility services, and hospices; (2) part B concerning physicians services and other services; and (3) part A and B concerning home health services, direct graduate medical education, and voluntary chronic care improvement. Establishes the Medicare Benefits Administration in the Department of Health and Human Services. Amends SSA title XVIII part F (Miscellaneous) (currently part D) to include a number of regulatory, contracting, and administrative changes, such as the: (1) coordination of educational funding; (2) transfer of responsibility for Medicare appeals; (3) provision of expedited access to judicial review of Medicare appeals; (4) recovery of overpayments; and (5) revision of reassignment provisions. Amends the Federal Food, Drug, and Cosmetic Act (FFDCA) with regard to: (1) the 30-month of Food and Drug Administration approval for any new drug in certain circumstances; and (2) forfeiture of the 180-day marketing exclusivity period by the first new drug applicant to a subsequent applicant. Provides for manufacture, marketing, or sale agreements between a generic drug applicant and a brand name drug applicant, subject to Federal Trade Commission review. Amends the FFDCA to direct the Secretary of Health and Human Services to promulgate regulations permitting pharmacists, wholesalers, and individuals to import prescription drugs from Canada into the United States, subject to specified conditions.
United States · United States Congress · 24 June 2003
Constitutional Amendment - Repeals the 16th amendment (granting Congress the power to tax income). Prohibits Congress from having the power to lay and collect taxes on incomes, except in time of war declared by Congress.
United States · United States Congress · 19 June 2003
American Wetland Restoration Act - Amends the Federal Water Pollution Control Act to authorize the Secretary of the Army to issue mitigation bank (specified wetland resource restoration, creation, or enhancement projects or projects consisting solely of preservation of wetlands chartered by the Secretary for purposes of providing mitigation credits to offset wetland losses authorized by permits allowing activities in U.S. waters) charters. Authorizes a mitigation bank, upon receipt of its charter, to offer mitigation credits for sale and to provide compensatory mitigation for activities requiring authorization under the Act or provide required injunctive relief in an enforcement action by the Secretary or the Administrator of the Environmental Protection Agency. Directs the Secretary and the Administrator to establish standards and criteria applicable to the use of on-site mitigation, in lieu fees, and other off-site mitigation as compensatory mitigation that are similar to those applicable to a mitigation bank. Allows a State that operates an approved program regulating the discharge of dredged or fill material into navigable waters to administer a wetland mitigation banking program in accordance with State procedures if such banking program is approved by the Administrator as part of the State's dredged or fill material program.
United States · United States Congress · 16 June 2003
Medicare Prescription Drug and Modernization Act of 2003 - Amends title XVIII (Medicare) of the Social Security Act (SSA) to add a new part D (Voluntary Prescription Drug Benefit Program) under which each individual who is entitled to benefits under Medicare part A (Hospital Insurance) or enrolled under Medicare part B (Supplemental Medical Insurance) is entitled to obtain qualified prescription drug coverage. Authorizes the individual to elect to enroll: (1) in a Medicare Advantage (MA) plan (replacing the current Medicare+Choice plans); (2) in an enhanced fee-for-service (EFFS) plan; or (3) in a prescription drug plan (PDP) if the individual is not enrolled in an MA-EFFS plan (a Medicare Advantage plan and an EFFS plan). Establishes a Medicare Prescription Drug Trust Fund. Outlines standard coverage benefit packages for FY 2006. Includes for the standard package an annual deductible of $250, and requires insurers to cover 80 percent of enrollees drug costs up to the initial coverage limit of $2,000. Requires enrollees to cover all costs between $2,001 and $3,700, and Medicare to cover the entire cost once the beneficiary has reached the $3,700 catastrophic out-of-pocket threshold. Prescribes a formula for adjustment of: (1) such deductible and annual limits for inflation; and (2) such catastrophic limit for each enrollee in a PDP or in an MA-EFFS Rx plan (an MA-EFFS plan which provides qualified prescription drug coverage) whose adjusted gross income exceeds $60,000. Establishes a competitive bidding process for negotiating the terms and conditions of PDP sponsors. Provides for full premium subsidy and reduction of cost-sharing for individuals with incomes below 135 percent of the Federal poverty level. Contains subsidy payments for qualifying entities to promote the participation of PDP and MA-EFFS Rx plan sponsors. Sets out a: (1) new Medicare prescription drug discount card endorsement program under the Medicare program; and (2) requirements for combating waste, fraud, and abuse under Medicare. Makes a number of other changes with regard to Medicare: (1) part A concerning rural health care, inpatient hospital services, skilled nursing facility services, and hospices; (2) part B concerning physicians services and other services; and (3) part A and B concerning home health services, direct graduate medical education, and voluntary chronic care improvement. Establishes the Medicare Benefits Administration in the Department of Health and Human Services. Amends SSA title XVIII part F (Miscellaneous) (currently part D) to include a number of regulatory, contracting, and administrative changes, such as: (1) coordination of educational funding; (2) transfer of responsibility for Medicare appeals; (3) provision of expedited access to judicial review of Medicare appeals; (4) recovery of overpayments; and (5) revision of reassignment requirements.
United States · United States Congress · 12 June 2003
Death Tax Repeal Permanency Act of 2003 - Declares that the sunset provisions of the Economic Growth and Tax Relief Reconciliation Act of 2001 shall not apply to Title V: Estate, Gift, and Generation-skipping Transfer Tax Provisions of such Act. (Makes the repeal of estate and generation-skipping taxes under the Internal Revenue Code, and certain reductions of the gift tax, permanent.)
United States · United States Congress · 3 June 2003
ORBIT Technical Corrections Act of 2003 - Amends the Communications Satellite Act of 1962 to: (1) extend until June 30, 2004, the deadline for conducting an initial public offering of securities for the successor entities of Inmarsat; and (2) allow the Federal Communications Commission to extend such deadline to not later than December 31, 2004.
United States · United States Congress · 22 May 2003
Reduction in Distribution of Spam Act of 2003 - Prohibits a person from initiating in interstate commerce the transmission of any unsolicited commercial electronic (UCE) mail message unless the message contains: (1) identification as an advertisement or solicitation; (2) notice of an opt-out opportunity, along with a mechanism for doing so; and (3) a valid physical street address of the vendor. Prohibits the transmission of UCE mail: (1) after valid objection; (2) with fraudulent header information; and (3) from illegally harvested email addresses. Provides a right of enforcement action for: (1) providers of Internet access service; (2) States on behalf of any of their residents; and (3) the Federal Trade Commission (FTC). Amends the Federal Criminal code to provide criminal penalties for: (1) falsifying the identify of an UCE mail sender; (2) failing to place warning labels on UCE mail containing sexually oriented material; (3) bulk email violations and repeat offenses; and (4) illegal harvesting of email addresses. Provides for enforcement of such penalties through actions by Internet service providers, the Attorney General, and State attorneys general. Requires the FTC to issue regulations to implement this Act. Requires the FTC and the Federal Communications Commission to report to Congress: (1) regarding the need to protect the rights of users of email to avoid receiving unwanted commercial email; and (2) a detailed analysis of the effectiveness and enforcement of the provisions of this Act.
United States · United States Congress · 22 May 2003
Highway Funding Equity Act of 2003 - Revises Federal highway funding minimum guarantee provisions. Requires the Secretary of Transportation, for each of FY 2004 through 2009, to allocate among the States amounts sufficient to ensure that: (1) the percentage for each State of the total apportionments for the fiscal year for the National Highway System (NHS), the high priority projects program, the Interstate maintenance program, the surface transportation program, metropolitan planning, the highway bridge replacement and rehabilitation program, the congestion mitigation and air quality improvement program, the recreational trails program, the Appalachian development highway system, and the basic minimum guarantee equals or exceeds 95 percent of the ratio that the estimated tax payments to the Highway Trust Fund (HTF) (other than the Mass Transit Account) attributable to highway users in the State bears to such payments attributable to highway users in all States (with a specified exception for any State having a population density of less than 50 individuals per square mile); and (2) when HTF allocations (other than from the Mass Transit Account, for such programs, emergency relief, and the discretionary minimum guarantee) for the fiscal year have been identified, the percentage for each State of all of those allocations for the fiscal year equals or exceeds the percentage that is equal to 95 percent of such tax payments ratio. Sets forth provisions regarding: (1) the programmatic distribution of NHS funds exceeding $2.8 billion; (2) the apportionment of the remainder of funds to the States; and (3) required adjustments where the sum of State percentages exceeds 100.
United States · United States Congress · 22 May 2003
Fairness to Contact Lens Consumers Act - Requires a "prescriber" (a person permitted under State law to issue prescriptions for contact lenses) to provide to the patient a copy of the patient's contact lens prescription free of charge. Declares that a contact lens prescription shall expire: (1) on the date specified by the law of the State involved, if that date is one year or more after the issue date of the prescription; or (2) not less than one year after the issue date of the prescription, if such State law specifies no date or a date that is less than one year after the date of the prescription. Permits an exception in either instance for a patient's ocular health. Prohibits advertising that lenses for which a prescription is required may be obtained without a prescription. Prohibits a prescriber from issuing certain waivers. States that any violation of this Act shall be treated as a violation of the Federal Trade Commission Act regarding unfair or deceptive acts or practices.
United States · United States Congress · 22 May 2003
National Museum of African American History and Culture Act - Establishes within the Smithsonian Institution (SI) the National Museum of African American History and Culture, to be operated as a center for scholarship and a location for museum training, public education, exhibits, and collection and study of items and materials relating to the life, art, history, and culture of African Americans that encompass the period of slavery, the era of reconstruction, the Harlem renaissance, the civil rights movement, and other periods of the African American diaspora. Establishes the National Museum of African American History and Culture Council to: (1) advise and assist the SI Board of Regents on Museum planning, design, construction, operation, and budgets; and (2) have responsibility and authority with respect to the Museum's collections and work. Requires the Secretary of SI to appoint a Museum Director. Establishes the Office of Education and Liaison Programs within the Museum to work with educational institutions and museums throughout the Nation. Requires the Director of the Institute of Museum and Library Services to establish specified grant, scholarship, internship, and fellowship programs relating to African American museums. Directs the Board of Regents to select the Museum's site from one of four specified sites on or adjacent to the national mall. Directs the Council and the Board of Regents, in carrying out their duties under this Act, to consider the reports and plans submitted by the National Museum of African American History and Culture Plan for Action Presidential Commission under the National Museum of African American History and Culture Plan for Action Presidential Commission Act of 2001 (Public Law 107-106).
United States · United States Congress · 21 May 2003
Constitutional Amendment - Declares that marriage in the United States shall consist only of the union of a man and a woman. Prohibits the Constitution or any State constitution, or State or Federal law from being construed to require that marital status or its legal incidents be conferred upon unmarried couples or groups.
United States · United States Congress · 15 May 2003
Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation of a congressional gold medal to President Jose Maria Aznar of Spain in recognition of his contributions to maintaining the security of all freedom-loving nations. Requires the Secretary of the Treasury to strike such medal and authorizes the Secretary to strike and sell bronze duplicates.
United States · United States Congress · 15 May 2003
Project BioShield Act of 2003 - Amends the Public Health Service Act regarding preparations for public health emergencies affecting national security, including a bioterrorist attack. Grants the Secretary of Health and Human Services (the Secretary) certain authority with respect to the research and development of qualified countermeasures, including: (1) expedited procurement authority; (2) expedited peer authority; and (3) authority for personal services contracts. Directs the Secretary of Homeland Security, in coordination with the Secretary and the Secretary of Veterans Affairs, to maintain a stockpile of drugs, vaccines (including smallpox vaccine), and other supplies to provide for the emergency health security of the United States in the event of a bioterrorist attack or other public health emergency. Directs the Secretary to: (1) award grants to ensure that the stockpile contains an adequate amount of smallpox vaccine; and (2) assess, on an ongoing basis, the potential public health consequences from the use of chemical, biological, radiological, and nuclear agents and determine the agents for which countermeasures are necessary. Amends the Federal Food, Drug, and Cosmetic Act to allow the Secretary to declare a national emergency under specified conditions and authorize the release of a drug or device intended for use in an emergency. Directs the Secretary to impose requirements on the authorization, including ensuring that health care professionals administering the product and persons to whom the product is administered are fully informed about the benefits and risks involved and other alternatives. Requires the Secretary to periodically review an authorization under this Act, and authorizes the Secretary to revoke such an authorization if circumstances so warrant. Allows the President, under specified circumstances in cases involving the Armed Forces, to waive the requirement that individuals be allowed to refuse administration of a countermeasure. Requires: (1) reports from the Secretary regarding authorities under this Act; (2) the Secretary to request the National Academy of Sciences to review biomedical countermeasure research and development activities under this Act; and (3) review by the General Accounting Office.
United States · United States Congress · 8 May 2003
Pledge Protection Act of 2003 - Amends the Federal judicial code to deny jurisdiction to any court established by Act of Congress to hear or determine any claim that the recitation of the Pledge of Allegiance violates the first amendment of the Constitution.
United States · United States Congress · 8 May 2003
Amends the Federal judicial code to include a chief judge of a district as a "judicial official" who may provide for survivor annuities. Allows six months for an individual who became such a chief judge between January 1, 2002, and the date of this Act's enactment, but who has not filed a written notification of his or her intention to provide for survivor annuities, to file such notification.
United States · United States Congress · 1 May 2003
Jamestown 400th Anniversary Commemorative Coin Act of 2003 - Directs the Secretary of the Treasury to mint and issue not more than 100,000 $5 gold coins and 500,000 $1 silver coins, which shall be emblematic of the settlement of Jamestown, Virginia (the first permanent English settlement in America). Provides for a $35 per coin surcharge for the $5 dollar coins and $10 per coin for the $1 dollar coins. Directs that: (1) half of the surcharges be used to support programs to promote the understanding of the legacies of Jamestown (to be paid to the Jamestown-Yorktown Foundation); and (2) half be used to sustain the ongoing mission of preserving Jamestown, to enhance national and international educational programs relating to Jamestown, to improve infrastructure and archeological research activities relating to Jamestown, and conduct other programs to support the commemoration of the 400th anniversary of the settlement of Jamestown (to be distributed by the Secretary in equal shares to the Secretary of the Interior, the Association for the Preservation of Virginia Antiquities, and the Jamestown-Yorktown Foundation).
United States · United States Congress · 1 May 2003
Healthy Forests Restoration Act of 2003 - Permits the Secretary of Agriculture, with respect to National Forest System lands, and the Secretary of the Interior, with respect to public lands administered by the Bureau of Land Management, to plan and conduct hazardous fuels reduction projects (fuels projects) on specified types of Federal lands. Directs the Secretary concerned to give priority to fuels projects that provide for the protection of communities and watersheds. Authorizes the Secretary concerned to make grants: (1) to improve the commercial value of forest biomass to produce electric energy, sensible heat, transportation fuels, or substitutes for petroleum-based products; and (2) to offset the cost of projects to add value to biomass. Amends the Cooperative Forestry Assistance Act of 1978 to permit the Secretary of Agriculture, acting through the Forest Service, to provide assistance to State foresters and officials for the purpose of expanding State forest capacities and activities to address watershed issues on non-Federal forested lands and potentially forested lands. Directs the Secretary concerned to establish an accelerated program to plan, conduct, and promote comprehensive and systematic information gathering on bark beetles. Directs the Secretary of Agriculture to establish the healthy forests reserve program within the Forest Service for the purpose of protecting, restoring, and enhancing degraded forest ecosystems to promote the recovery of threatened and endangered species as well as improve biodiversity and enhance carbon sequestration. Directs the Secretary of Agriculture to carry out a comprehensive plan to inventory, monitor, characterize, assess, and identify forest stands and potential forest stands in specified locations. States that issues to be addressed shall include: (1) the early detection, identification, and assessment of environmental threats; and (2) the loss or degradation of forests.
United States · United States Congress · 12 April 2003
Syria Accountability and Lebanese Sovereignty Restoration Act of 2003 - Declares the sense of Congress that: (1) the Government of Syria should immediately and unconditionally halt support for terrorism, permanently and openly declare its total renunciation of all forms of terrorism, and close all terrorist offices and facilities in Syria, including the offices of Hamas, Hizballah, the Popular Front for the Liberation of Palestine, and the Popular Front for the Liberation of Palestine-General Command; (2) the Government of Syria should take other specified steps to withdraw its armed forces from Lebanon, halt development of certain weapons, halt illegal imports and transshipments of Iraqi oil and illegal sales and supplies of weapons and military-related equipment to Iraq; (3) the Government of Lebanon should deploy the Lebanese armed forces to all areas of Lebanon, including South Lebanon, in accordance with United Nations Security Council Resolution 520 (September 17, 1982) (Security Council Resolution 520); (4) the Governments of Lebanon and Syria should enter into serious unconditional bilateral negotiations with the Government of Israel in order to realize a full and permanent peace; (5) the United States should continue to provide humanitarian and educational assistance to the people of Lebanon only through appropriate private, nongovernmental organizations and appropriate international organizations, until such time as the Government of Lebanon asserts sovereignty and control over all of its territory and borders and achieves full political independence; and (6) being in violation of several key United Nations Security Council resolutions and pursuing policies which undermine international peace and security, Syria should not have been permitted to join the United Nations Security Council or serve as the Security Council's President, and should be removed from the Security Council. Declares that it is U.S. policy: (1) Syria will be held responsible for attacks committed by Hizballah and other terrorist groups with offices or other facilities in Syria, or bases in areas of Lebanon occupied by Syria; (2) the United States shall impede Syria's ability to support acts of international terrorism and efforts to develop or acquire weapons of mass destruction; (3) the Secretary of State will continue to list Syria as a state sponsor of terrorism until it ends support for terrorism, including its support of Hizballah and other terrorist groups in Lebanon and its hosting of terrorist groups in Damascus, and comes into full compliance with U.S. law relating to terrorism and United Nations Security Council Resolution 1373 (September 28, 2001); (4) efforts against Hizballah will be expanded given the recognition that Hizballah is equally or more capable than al Qaeda; (5) the full restoration of Lebanon's sovereignty, political independence, and territorial integrity is in the U.S. national security interest; (6) Syria is in violation of Security Council Resolution 520 through its continued occupation of Lebanese territory and its encroachment upon its political independence; (7) Syria's obligation to withdraw from Lebanon is not conditioned upon progress in the Israeli-Syrian or Israeli-Lebanese peace process but derives from Syria's obligation under Security Council Resolution 520; (8) Syria's acquisition of weapons of mass destruction and ballistic missile programs threaten the security of the Middle East and U.S. national security interests; (9) Syria is in violation of United Nations Security Council Resolution 661 (August 6, 1990) and subsequent relevant resolutions through its continued purchase of oil from Iraq and shipments of weapons and other military equipment to Iraq; (10) Syria will be held accountable for any harm to Coalition armed forces of Operation Iraqi Freedom caused by shipments of military supplies from Syria to Iraq; and (11) the United States will not provide any assistance to Syria and will oppose multilateral assistance for Syria until Syria withdraws its armed forces from Lebanon, halts the development and deployment of weapons of mass destruction and medium and long range surface to surface ballistic missiles, and complies with Security Council Resolution 661 and subsequent relevant resolutions. Sets forth the following penalties against Syria until the President determines and certifies to Congress that Syria meets the requirements of this Act. Directs the President to prohibit the export to Syria of any item, including the issuance of an export license, on the United States Munitions List or Commerce Control List of dual-use items in the Export Administration Regulations. Requires the President, at the same time, to impose two or more of the following sanctions: (1) prohibit the export to Syria of U.S. products (other than food and medicine); (2) prohibit U.S. businesses from investing or operating in Syria; (3) restrict Syrian diplomats in Washington, D.C., and at the United Nations in New York City, to travel only within a 25-mile radius of Washington, D.C., or the United Nations headquarters building, respectively; (4) prohibit aircraft of any air carrier owned or controlled by Syria to take off from, land in, or overfly the United States; (5) reduce U.S. diplomatic contacts with Syria (other than those required to protect U.S. interests or carry out the purposes of this Act); and (6) block transactions in any property in which the Government of Syria has any interest, by any person, or with respect to any property, subject to U.S. jurisdiction. Authorizes the President to waive such sanctions for one or more six-month periods if the President determines that it is in the vital national security interest of the United States to do so and reports his reasons to Congress. Authorizes the President to provide development assistance to Syria and Lebanon under the Foreign Assistance Act of 1961 if he certifies to Congress that: (1) Syria meets the requirements of this Act; (2) substantial progress has been made both in negotiations aimed at achieving a peace agreement between Israel and Syria and in negotiations aimed at achieving a peace agreement between Israel and Lebanon; and (3) the Government of Syria is strictly respecting the sovereignty, territorial integrity, unity, and political independence of Lebanon under the sole and exclusive authority of the Government of Lebanon through the Lebanese army throughout Lebanon, as required under Security Council Resolution 520. Requires annual reports to the appropriate congressional committees on Syria's progress in complying with the requirements of this Act.
United States · United States Congress · 11 April 2003
Authorizes the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation to Dr. Dorothy Height (President of the National Council of Negro Women) of a congressional gold medal in recognition of her many contributions to the Nation.
United States · United States Congress · 10 April 2003
Constitutional Amendment - Requires that any bill, resolution, or other legislative measure changing the internal revenue laws shall require for final adoption in each House the concurrence of two-thirds of the Members of that House voting and present, unless the bill is determined at the time of adoption not to increase the internal revenue by more than a de minimis amount. States that for purposes of determining any increase, there shall be excluded any increase resulting from the lowering of an effective rate of any tax. Requires journal entry of any vote. Permits the waiver of such requirement, for up to two years, if there is a declaration of war or if the United States is engaged in a military conflict which causes an imminent and serious threat to national security, and is so declared by a joint resolution which becomes law.
![Official portrait of Rep. Tauzin, W. J. (Billy) [D-LA-3]](https://www.congress.gov/img/member/t000058_200.jpg)