United States · United States Congress · 18 November 2004
Declares that Congress commends the employees of the National Weather Service for their extraordinary dedication and hard work during Hurricanes Charley, Frances, Ivan, and Jeanne, especially: (1) the National Oceanic and Atmospheric Administration (NOAA) Tropical Prediction Center/National Hurricane Center, Hydrometeorological Prediction Center, and National Data Buoy Center; (2) the NOAA Aircraft Operations Center at MacDill Air Force Base, Tampa, Florida; (3) the 53rd Weather Reconnaissance Squadron of the 403rd Wing of the Air Force Reserve Command at Keesler Air Force Base, Biloxi, Mississippi; (4) the Hurricane Liaison Team; (5) the National Ocean Service; and (6) the National Environmental Satellite Data and Information Service. Declares that Congress commends the Southern, Eastern, and Central Region Weather Forecast Offices of San Juan, Miami, Tampa Bay, Key West, Melbourne, Jacksonville, Tallahassee, Atlanta, Birmingham, Huntsville, Mobile, Morristown, Charleston, Morehead City, Wilmington, Wakefield, Taunton, Lake Charles, New Orleans, Jackson, Nashville, and Houston for their extraordinary dedication and hard work during such Hurricanes. Declares that Congress: (1) commends the employees of the Office of Oceanic and Atmospheric Research, especially the Hurricane Research Division; (2) thanks the commercial and media meteorologists for their contributions in disseminating the National Oceanic and Atmospheric Administration forecasts and warnings to the public; and (3) expresses its support for the ongoing hard work and dedication of all who provide accurate and timely hurricane forecasts.
United States · United States Congress · 10 October 2004
Congratulates the SpaceShipOne team (winner of the Ansari X Prize by being the first privately funded space vehicle to depart from and safely return to Earth twice within two weeks), led by Bert Rutan and test pilots Mike Melvill and Brian Binnie, for their historic achievement in human space flight.
United States · United States Congress · 8 October 2004
Norman Y. Mineta Research and Special Programs Improvement Act - Amends Federal transportation law to establish, and replace the Research and Special Programs Administration (RSPA) with, the Research and Innovative Technology Administration (RITA), which shall be headed by an Administrator appointed by the President, by and with the advice and consent of the Senate. Establishes in RITA an Office of Intermodalism. Transfers the Bureau of Transportation Statistics (BTS) to RITA. Establishes the Pipeline and Hazardous Materials Safety Administration (PHMSA) in the Department of Transportation (DOT), headed by an Administrator with professional experience in pipeline safety, hazardous materials safety, or other transportation safety, appointed by the President, by and with the advice and consent of the Senate. Requires the Director of the Office of Intermodalism to develop a plan to improve the national intermodal transportation system. Revises sanitary food transportation requirements to direct the Secretary of Transportation to establish procedures for transportation safety inspections in order to identify suspected incidents of contamination or adulteration of food, meat, and poultry products and to train DOT personnel in the appropriate use of the procedures. Requires the Secretary of Transportation to notify the Secretaries of HHS and of Agriculture of instances of potential food contamination or adulteration of a food identified during transportation safety inspections. Amends the Federal Food, Drug, and Cosmetic Act to direct the Secretary of HHS to require shippers, motor vehicle or rail vehicle carriers, receivers, and other persons engaged in the transportation of food to use sanitary transportation practices prescribed by the Secretary of HHS to avoid the adulteration of food.
United States · United States Congress · 7 October 2004
Amends the Internal Revenue Code to allow combat zone compensation (otherwise excludable from gross income) to be treated as earned income for purposes of the earned income tax credit.
United States · United States Congress · 5 October 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 · 9 September 2004
Expresses the sense of the Senate with respect to recommending expenditures for the construction of an appropriate visitor center at the Little Rock Central High School National Historic Site in Arkansas to commemorate the 50th anniversary of the desegregation of Little Rock Central High School.
United States · United States Congress · 22 July 2004
Veterans Eye Treatment Safety (VETS) Act of 2004 - Allows eye surgery at a Department of Veterans Affairs facility or under contract with the Department to be performed only by a licensed medical doctor, licensed doctor of osteopathy, or licensed dentist whose practice is limited to oral or maxillofacial surgery.
United States · United States Congress · 14 July 2004
Reducing Crime and Terrorism at America's Seaports Act of 2004 - Amends the Federal criminal code to prohibit: (1) entry by false pretenses to a secure area of a seaport; (2) knowingly failing to obey an order to heave to by an authorized Federal officer; (3) forcibly interfering with an authorized law enforcement action or providing false information during a boarding; and (4) willfully disabling a passenger vehicle. Sets penalties for knowingly and intentionally: (1) placing in U.S. navigable waters a device or substance likely to destroy or damage a vessel or its cargo or likely to interfere with safe navigation or maritime commerce; (2) discharging or releasing into U.S. navigable water or onto an adjoining shoreline any substance that would endanger human life, health, or welfare or the marine environment; and (3) transporting aboard any vessel explosive, biological, chemical, or radioactive or nuclear material to be used to commit terrorism. Sets penalties for: (1) knowingly transporting aboard any vessel a terrorist or terror suspect; (2) willfully causing destruction of a vessel or maritime facility; and (3) imparting or conveying false information concerning an attempt made to commit certain criminal acts Expands the scope of a prohibition against theft of interstate or foreign shipments. Increases penalties for stowaways on vessels or aircraft. Prohibits bribery affecting port security. Amends the Tariff Act of 1930 to increase penalties for noncompliance with manifest requirements and to expand the scope of those requirements to cover any responsible party, including non-vessel operating common carriers.
United States · United States Congress · 13 July 2004
National Ocean Policy and Leadership Act - Specifies a national ocean policy. Re-establishes (what already exists under Reorganization Plan No. 4 of 1970) the National Oceanic and Atmospheric Administration (NOAA), administered by the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate. Directs the Administrator to report biennially to Congress on the status and condition of the Nation's ocean and atmospheric environments, including current and foreseeable trends in the quality, management and utilization of such environments and their effects on the social, economic, ecological, and other requirements of the Nation. Establishes in the Executive Office of the President a Council on Ocean Stewardship, which shall coordinate ocean and atmospheric activities among the Federal agencies. Establishes a Presidential Panel of Advisers on Oceans and Climate. Directs the President to submit to Congress recommendations for the transfer of relevant oceanic or atmospheric programs, functions, and associated resources to NOAA from other Federal agencies.
United States · United States Congress · 13 July 2004
Ocean Research Coordination and Advancement Act - Establishes: (1) a National Ocean Science Committee (Committee); (2) a Subcommittee on Ocean Education; and (3) an Ocean Research and Education Advisory Panel. Directs the Chair of the National Science and Technology Council to develop a National Strategy for Ocean Science, Education, and Technology. Establishes a National Ocean Partners Program that identifies and carries out ocean science partnerships among Federal agencies, States, private industries, and other members of the ocean science community. Establishes an interagency ocean and coastal education program to improve public awareness, understanding and appreciation of the role of the oceans in meeting our Nation's economic, social and environmental needs. Establishes a National Ocean Science and Technology Scholarship Program to recruit and prepare students for careers with Federal agencies represented on the Committee. Directs the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to: (1) develop an integrated research plan for NOAA; (2) establish and maintain an interagency marine ecosystem research program; and (3) develop support and coordinate education activities that meet certain program goals and that enhance public awareness of the science, service, and stewardship missions of NOAA.
United States · United States Congress · 9 July 2004
Expresses the sense of Congress that: (1) at the 56th Annual Meeting of the International Whaling Commission the United States should remain firmly opposed to commercial whaling, and take other specified related steps; and (2) the United States should make full use of all appropriate diplomatic mechanisms, relevant international laws and agreements, and other appropriate mechanisms to implement these goals.
United States · United States Congress · 8 July 2004
Calls for the President to designate the week of November 7-13, 2003, as National Veterans Awareness Week to emphasize educational programs for elementary and secondary school students regarding the contributions and sacrifices of veterans.
United States · United States Congress · 24 June 2004
Junk Fax Prevention Act of 2004 - Amends the Communications Act of 1934 to prohibit a person from using any telephone facsimile (fax) machine, computer, or other device to send, to another fax machine, an unsolicited advertisement to a person who has requested that such sender not send such advertisements, or to any other person unless: (1) the sender has an established business relationship with the person; and (2) the advertisement contains a conspicuous notice on its first page that the recipient may request not to be sent any further unsolicited advertisements, and includes a domestic telephone and fax number (neither of which can be a pay-per-call number) for sending such a request. Requires the Federal Communications Commission (FCC) to provide that a request not to send unsolicited advertisements complies with FCC requirements if: (1) the request identifies the recipient fax number to which the request relates; (2) the request is made to the telephone or fax number of the sender; and (3) the person making the request has not subsequently provided express invitation or permission to have such advertisements sent. Authorizes the FCC to allow professional tax-exempt trade associations to send unsolicited advertisements to their members in furtherance of association purposes. Requires the: (1) FCC to report annually to Congress on the enforcement of the above requirements; and (2) Comptroller General to study, and report to specified congressional committees on, complaints received by the FCC concerning unsolicited advertisements sent to fax machines.
United States · United States Congress · 23 June 2004
Benjamin Franklin Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one dollar coins emblematic of the life and legacy of Benjamin Franklin (not more than 250,000 bearing his image as a young statesman and not more than 250,000 with his image as an older numismatist). Directs that all sales of coins minted under this Act include a $10 per coin surcharge, which shall be paid by the Secretary to the Franklin Institute for purposes of the celebration of the Benjamin Franklin Tercentenary.
United States · United States Congress · 16 June 2004
Ronald Reagan Alzheimer's Breakthrough Act of 2004 - Amends the Public Health Service Act to make Alzheimer's disease research a priority within the National Institute on Aging. Requires the Director of the Institute to: (1) undertake an Alzheimer's Disease Prevention Initiative to accelerate the discovery of new risk and protective factors, to rapidly identify therapies and preventive interventions, and to implement effective prevention and treatment strategies; (2) conduct and support cooperative clinical research regarding Alzheimer's; and (3) conduct research concerning early detection and diagnosis, the relationship between Alzheimer's and vascular disease, and interventions designed to help caregivers. Authorizes the Director to establish a National Alzheimer's Coordinating Center to facilitate collaboration among Alzheimer's Disease Centers and Alzheimer's Disease Research Centers. Requires the Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention (CDC), to educate the public and public health community regarding Alzheimer's disease. Authorizes the Secretary to award grants or cooperative agreements to develop coordinated respite care programs on a statewide basis. Defines "respite care" to mean planned or emergency care provided to a child or adult with a special need in order to provide temporary relief to the family caregiver of such child or adult. Directs the Secretary to award a grant or cooperative agreement to a public or private nonprofit entity to establish a National Resource Center on Lifespan Respite Care. Amends the Internal Revenue Code to allow: (1) a nonrefundable tax credit for each individual certified as having long-term care needs and for whom the taxpayer is acting as a caregiver; (2) a tax deduction for long-term care premiums paid under a qualified insurance contract; and (3) qualified long-term care insurance to be offered in a cafeteria plan and flexible spending arrangements.
United States · United States Congress · 2 June 2004
Marine Debris Research and Reduction Act - Establishes within the National Oceanic and Atmospheric Administration (NOAA) a Marine Debris Prevention and Removal Program of certain activities and grants for projects to reduce and prevent the occurrence and adverse impacts of marine debris on the marine environment and navigation safety. Requires the Under Secretary for Oceans and Atmosphere of the Department of Commerce to: (1) undertake marine debris mapping, impact assessment, prevention, and removal efforts, with a focus on marine debris posing a threat to living marine resources (particularly endangered or protected species) and navigation safety; (2) improve efforts and actively seek to prevent and reduce commercial fishing gear losses, as well as to reduce adverse impacts of such gear on living marine resources and navigation safety; and (3) undertake outreach and education of stakeholders in the fishing, gear manufacturers, and other marine-dependent industries on threats associated with marine debris and approaches to identify, prevent, and remove such debris. Directs the Commandant of the Coast Guard to undertake measures to reduce violations of MARPOL Annex V (Annex V of the International Convention for the Prevention of Pollution from Ships, 1973) and the Act to Prevent Pollution from Ships with respect to the discard of plastics and other garbage from vessels. Establishes an Interagency Committee on Marine Debris to: (1) coordinate a comprehensive program of marine debris research and activities among Federal agencies, in cooperation with nongovernmental organizations, industry, universities, State governments, Indian tribes, and other nations; and (2) foster cost-effective mechanisms to identify, reduce, and prevent marine debris.
United States · United States Congress · 2 June 2004
Coastal and Ocean Mapping Integration Act - Directs the Administrator of the National Oceanic and Atmospheric Administration (NOAA) to establish an integrated coastal and ocean mapping program for the Great Lakes and Coastal State waters, the territorial sea, the exclusive economic zone, and the U.S. continental shelf that enhances conservation and management of marine resources, improves decision-making regarding research priorities and the siting of research and other platforms, and advances coastal and ocean science. Establishes an Interagency Committee on Coastal and Ocean Mapping to coordinate Federal ocean and coastal mapping and surveying activities with other Federal efforts, including the Digital Coast, Geospatial One-Stop, and the Federal Geographic Data Committee. Directs the Administrator of NOAA to develop, and submit to Congress, a plan for an integrated coastal and ocean mapping initiative within NOAA that: (1) identifies all coastal and ocean mapping programs within NOAA; (2) encourages the development of innovative coastal and ocean mapping technologies and applications through research and development (R&D) cooperative agreements at joint institutes; and (3) documents available and developing technologies, best practices in data processing and distribution, and leveraging opportunities with other Federal agencies, non-governmental organizations, and the private sector. Authorizes the Secretary of Commerce to establish joint hydrographic centers of excellence in institutions of higher education to conduct specified activities, including mapping of the U.S. outer continental shelf.
United States · United States Congress · 2 June 2004
Ballast Water Management Act of 2004 - Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to revise certain aquatic invasive species prevention requirements to: (1) apply them to certain U.S. vessels and to certain foreign vessels that are en route to, or have departed from, a U.S. port; and (2) establish ballast water and sediment management standards for vessels of the armed forces. Prohibits, with specified exceptions, a person from uptaking or discharging ballast water and sediment from a U.S. vessel operating in U.S. or non-U.S. waters. Requires a vessel to conduct all its ballast water management operations in accordance with a ballast water management plan that meets the requirements prescribed and approved by the Secretary of the department in which the Coast Guard is operating. Requires a vessel before discharging ballast water into U.S. waters to conduct ballast water treatment so that the discharged ballast water will contain no more than a specified level of living organisms or microbes. Prohibits an operator of a vessel, until the vessel conducts such treatment, from uptaking or discharging ballast water unless the operator conducts a ballast water exchange in a manner that results in an efficiency of at least 95 percent volumetric exchange of the ballast water for each ballast water tank. Sets forth certain certification procedures with respect to vessel ballast water management plans and equipment used for ballast water and sediment management. Sets forth civil penalties for persons who violate the requirements of this Act. Urges the Secretary to negotiate with foreign countries to develop and implement an international program for preventing the unintentional introduction and spread of nonindigenous species.
United States · United States Congress · 14 May 2004
New Shipper Review Amendment Act of 2004 - Amends the Tariff Act of 1930 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. Repeals 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 · 13 May 2004
Expresses the grateful thanks of the Nation to the more than 16 million individuals who served in the Army, Army Air Force, Navy, Marine Corps, Coast Guard, and Merchant Marine in World War II and to the millions of Americans on the home front who contributed to the war effort. Recognizes the dedication of the National World War II Memorial on the National Mall in Washington, D.C. on May 29, 2004, as an occasion to acknowledge and pay tribute to those members of the Armed Forces who served in World War II, who are known collectively as the Greatest Generation.
United States · United States Congress · 11 May 2004
Assistance to Firefighters Act of 2004 - Amends the Federal Fire Protection and Control Act of 1974 to authorize the Secretary of Homeland Security (currently, the Director of the Federal Emergency Management Agency (FEMA)) to make grants to State fire departments for the purpose of protecting the health and safety of the public and fire-fighting personnel against fire and fire-related hazards, and to provide assistance for fire prevention programs. Authorizes grants to: (1) volunteer emergency medical service (EMS) organizations; and (2) obtain automated external defibrillator devices. Directs the Secretary to: (1) establish specific criteria for the preliminary review of applications; (2) review such criteria at least annually; (3) award grants based on the review of grant applications by a panel of fire service personnel appointed by a national organization recognized for expertise in the operation and administration of fire services; (4) provide for the administration of the review panel and ensure that an individual appointed to such panel is a recognized expert in fire-fighting, medical services provided by fire services, fire prevention, or research on firefighter safety; and (5) provide assistance with the preparation of grant applications. Expands program eligibility. Reduces limitations regarding matching funds. Increases the amount a grant recipient may receive. Earmarks funds for volunteer EMS organizations. Directs: (1) the Secretary to study and report to Congress on firefighter assistance; and (2) the Comptroller General to report to Congress on the administration of assistance and on the Secretary's success in administering FEMA.
United States · United States Congress · 10 May 2004
Commends all Americans serving nobly abroad. Condemns the despicable acts at Abu Ghraib prison and joins with the President in expressing apology for the humiliation suffered by the prisoners in Iraq and their families. Urges: (1) the Government of the United States to take appropriate measures to ensure that such acts do not occur in the future; and (2) that all individuals responsible for such acts be held accountable. Expresses the belief that the appropriate Senate committees and the President should conduct a full investigation of the abuses alleged to have occurred at Abu Ghraib.
United States · United States Congress · 6 May 2004
Aviation Security Advancement Act - Directs the Secretary of Homeland Security to develop for all U.S. commercial airports standards for determining aviation security staffing standards necessary to provide necessary levels of aviation security, and to ensure that the average aviation security-related delay experienced by airline passengers does not exceed ten minutes. Authorizes appropriations for improving aviation security related to the transportation of cargo on both passenger aircraft and all-cargo aircraft. Establishes a grant program to develop, test, purchase, and deploy next-generation air cargo security technology. Authorizes appropriations for: (1) research in, development, and deployment of such technology; and (2) projects and activities for which airport security improvement project letters of intent have been issued. Requires the Secretary to develop a plan to enhance air cargo security at airports for commercial passenger and cargo aircraft (including supply chain security). Directs the Administrator of the Transportation Security Administration (TSA) to issue an order: (1) requiring all-cargo aircraft operators to maintain a barrier (including use of a hardened cockpit door) between the aircraft flight deck and the aircraft cargo compartment sufficient to prevent unauthorized access; and (2) prohibiting the possession of a flight deck door key to any flight crew member not assigned to the flight deck. Directs the TSA Administrator, in addition, to require the physical screening of each air passenger and their baggage on all-cargo aircraft, as well as a physical search of the aircraft each day and securing, sealing, or removal of access to aircraft unattended overnight. Directs the Secretary to establish a schedule for replacing trace-detection equipment used for in-line baggage screening with explosive detection system equipment at airports. Authorizes appropriations for: (1) next generation explosive detection systems; (2) installation of portal detection systems at airports to detect biological, radiological, and explosive materials; (3) the deployment of Federal Air Marshals; (4) research and development of biometrics technology applications to aviation security; (5) establishment of competitive centers of excellence at the national laboratories; and (6) airport perimeter security technology. Requires the Secretary to report to specified congressional committees on: (1) the air marshal program; (2) certain TSA-related baggage claim issues; and (3) implementation of Government Accounting Office homeland security information sharing recommendations.
United States · United States Congress · 6 May 2004
Makes Pongsakorn Kaewkornmuang eligible for issuance of an immigrant visa or for adjustment of status to that of a lawful permanent resident of the United States under the Immigration and Nationality Act, upon payment of the required visa fees.
United States · United States Congress · 29 April 2004
Amends the Economic Espionage Act of 1996 to: (1) provide for the establishment of additional Boys and Girls Clubs of America; and (2) ensure that such facilities are in operation by January 1, 2010.
United States · United States Congress · 29 April 2004
Amends the Department of Commerce and Related Agencies Appropriations Act, 1999 to prohibit a U.S. court from recognizing, enforcing, or otherwise validating the assertion of rights, including treaty rights, by an individual (currently, by a designated Cuban national) of a mark, trade name, or commercial name that was used in connection with a business or assets that were confiscated unless the original owner of such mark or name, or their bona fide successor, has expressly consented thereto. Makes such prohibition applicable only if the individual asserting the rights knew or had reason to know at the time of of acquiring the rights asserted that the mark or name was the same or substantially similar to the mark or name used in connection with the business or assets that were confiscated.
United States · United States Congress · 8 April 2004
Restore Elector Confidence in Our Representative Democracy Act of 2004 or the RECORD Act of 2004 - Amends the Help America Vote Act of 2002 to require each voting system used in an election for Federal office to: (1) produce an individual voter-verifiable paper record of the vote that shall be made available for inspection and verification by the voter at the time the vote is cast; and (2) provide the voter with an opportunity to correct any error made by the system in the voter-verifiable paper record before the permanent voter-verified paper record is preserved. Requires the permanent voter verified paper record to be preserved within the polling place for later use in any manual audit. Makes such paper record the official record used for any recount. Requires the voting system accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, to meet the requirements of this Act by using a mechanism that separates the function of vote generation from the function of vote casting without requiring the voter to view or handle paper. Requires each State to ensure that election officials are instructed on the right of any individual who requires assistance to vote by reason of blindness, other disability, or inability to read or write to be given assistance by a person chosen by that individual under the Voting Rights Act of 1965. Prohibits any voting system from: (1) containing or using any software that does not disclose any source code, object code, and executable representation; or (2) using any wireless communication device. Requires any electronic voting system to: (1) use only software and hardware certified by laboratories accredited by the Election Assistance Commission (EAC); and (2) meet specified security standards. Requires each State and jurisdiction to: (1) meet the requirements of this Act in time for the November 2004 Federal general election; or (2) use a paper ballot voting system in such election. Directs the EAC, beginning with the November 2004 Federal general election, and immediately following the election, to conduct random unannounced manual mandatory recounts of the voter-verified records in two percent of the jurisdictions in each State and with respect to two percent of the ballots cast by uniformed and overseas voters. Directs the EAC to study, test, and develop best practices to enhance accessibility and voter-verification mechanisms for individuals with disabilities. Requires the EAC to make certain payments to assist States in paying for implementation of the voter-verification and audit capacity requirements of this Act. Requires the EAC to report to Congress on: (1) a proposed security review and certification process for all voting systems used in Federal elections; and (2) operational and management systems applicable to such elections. Requires the Director of the National Institute of Standards and Technology to provide security consultation services to States and local jurisdictions on the administration of Federal elections.
United States · United States Congress · 7 April 2004
Defense of Medicare Act - Directs the Secretary of Health and Human Services, in applying risk adjustment factors to payments to Medicare+Choice organizations under part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act (SSA), to ensure that payments to such organizations are adjusted based on factors that ensure that the health status of the enrollee is reflected in such adjusted payments, including adjusting for the difference between the health status of the enrollee and individuals enrolled under the original Medicare fee-for-service program under Medicare parts A (Hospital Insurance) and part B (Supplementary Medical Insurance). Requires payments to such organizations, in the aggregate, to reflect such differences. Amends SSA title XVIII part C, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to: (1) revise the formula for determination of the minimum annual Medicare+Choice (Medicare Advantage) capitation rate for 2005 and subsequent years (making it the same as the minimum rate for 2004); and (2) eliminate the Medicare Advantage (MA) Regional Plan Stabilization Fund. Repeals the Comparative Cost Adjustment Program. Amends SSA title XVIII, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to require the Secretary to ensure that each individual eligible for such program has available a choice of enrollment in at least two prescription drug plans (currently, at least two qualifying plans, which may be a prescription drug plan or a specified Medicare Advantage-Prescription Drug (MA-PD) plan).
United States · United States Congress · 5 April 2004
National Ocean Exploration Program Act - Directs the Secretary of Commerce to establish within the National Oceanic and Atmospheric Administration (NOAA) a coordinated national ocean exploration program. Authorizes the Secretary, in carrying out the program, to: (1) conduct interdisciplinary exploration voyages or other scientific activities to survey, inventory, observe, and assess little-known areas of the marine environment; (2) promote the development of oceanographic research; (3) conduct public education and outreach activities that improve the public understanding of ocean science, resources, and processes; and (4) accept donations for such purposes. Requires the NOAA to convene an ocean technology and infrastructure task force to develop and implement a strategy to: (1) facilitate the transfer of new exploration technology to the program; (2) improve the availability of communications infrastructure (including satellite) to the program; (3) develop a data management information processing system for information obtained under the program; and (4) encourage cost-sharing partnerships to assist in transferring exploration technology and technical expertise to the program. Authorizes the NOAA, the National Science Foundation, and other Federal agencies participating in the program to participate in interagency financing in carrying out program activities.
United States · United States Congress · 1 April 2004
Rail Security Act of 2004 - Directs the Under Secretary of Homeland Security for Border and Transportation Security to complete a vulnerability assessment of freight and passenger rail transportation for identification of: (1) critical assets and infrastructures and threats to such assets and infrastructures; (2) vulnerabilities that are specific to the transportation of hazardous materials via railroad; and (3) security weaknesses in passenger and cargo security, transportation infrastructure, protection systems, procedural policies, communications systems, employee training, emergency response planning, and any other area identified by the assessment. Requires the Under Secretary based on the assessment to develop specific prioritized recommendations for improving rail security. Directs the Secretary of Transportation to review existing Department of Transportation (DOT) rail regulations to identify areas in which those regulations need to be revised to improve rail security. Directs the Comptroller General to study and report to specified congressional committees on the rail passenger transportation security programs in Japan, member nations of the European Union (EU), and other foreign countries in order to identify effective rail transportation security measures in use in those foreign rail transportation systems, including innovative measures and screening procedures determined effective. Directs the Under Secretary to: (1) analyze the cost and feasibility of requiring security screening for passengers, baggage, and mail on passenger trains; and (2) conduct a pilot program of random security screening of passengers and baggage at a specified number of passenger rail stations served by Amtrak. Authorizes appropriations for Amtrak for certain fire and life-safety improvements and infrastructure upgrades to tunnels on the Northeast Corridor. Amends Federal transportation law to direct Amtrak to submit to the National Transportation Safety Board a plan to address the needs of families of passengers involved in rail passenger accidents. Authorizes the Under Secretary to make grants for certain system-wide Amtrak security upgrades and freight and hazardous materials transportation and passenger rail security upgrades. Establishes a research and development (R&D) program to improve freight and intercity passenger rail security. Directs the Federal Railroad Administration to set forth certain standards for welded rail and tank car safety improvements. Requires the Under Secretary to report to specified congressional committees: (1) an assessment of the current system for preclearance and screening of rail and airline passengers and baggage, as well as freight railroad traffic, between the United States and Canada; and (2) information on progress toward finalizing a protocal with Canada on preclearance of rail passengers between the two countries.
United States · United States Congress · 1 April 2004
Maritime Transportation Security Act of 2004 - Amends Federal shipping law to subject vessels to in rem liability for civil penalties assessed for violation of certain port security requirements and certain reimbursable costs (incurred by a service provider, including port authorities, facility or terminal operators, shipping agents, Federal, State, or local government agencies, or other person to whom management of the vessel at the port is entrusted). Grants U.S. district courts jurisdiction to restrain violations of such requirements. Authorizes the Secretary of Transportation (Secretary) to refuse or revoke port clearance to any owner, agent, master, officer, or person in charge of a vessel that is liable for a penalty or fine for violation of port security requirements. Directs the Secretary to require uncleared, unladen imported merchandise remaining on a wharf or pier for more than five days to be removed and deposited in a public store or general order warehouse for inspection, after which a delivery permit may be granted. Directs the Secretary of Homeland Security (HS Secretary) to review U.S. ports and report to Congress on the practices and policies in place to secure shipment of empty containers. Requires the HS Secretary to submit to Congress: (1) a preliminary plan that provides for the coordination of efforts of Federal agencies in collecting maritime information with respect to vessels, crew, passengers, cargo, and cargo shippers; and (2) a report on an intermodal cargo security plan, including progress in the installation of radiation detectors at all major U.S. seaports, willingness of foreign seaports to utilize non-intrusive inspection methods, and a plan to ensure compliance with security standards that would require ports, terminals, vessel operators, and shippers to adhere to security standards consistent with the National Transportation System Security Plan. Requires the Department of Homeland Security (DHS) Inspector General to: (1) evaluate the DHS system for targeting international intermodal containers for inspection; and (2) increase the number of containers to be inspected at U.S. ports if such system is ineffective in detecting potential acts of terrorism utilizing such containers. Directs the Commandant of the U.S. Coast Guard to report to Congress on the potential benefits of establishing joint operational centers for port security at certain U.S. seaports; Directs the Under Secretary of Homeland Security for Border and Transportation Security to establish a maritime transportation security plan grant program to implement Area Maritime Transportation Security Plans and help fund compliance with Federal security plans among port authorities, facility operators, and State and local agencies required to provide security services. Requires the Administrator of the Maritime Administration to identify foreign assistance programs that could facilitate implementation of port security antiterrorism measures in foreign countries. Amends the Maritime Transportation Security Act of 2002 to direct the Secretary to establish a curriculum to educate and instruct Federal and State officials on commercial maritime and intermodal transportation. Shifts from the Secretary to the HS Secretary the authority to conduct research and development (R&D) on making U.S. ports safer and more secure. Requires the Secretary to identify nuclear facilities near navigable waterways and evaluate the adequacy of their security plans to protect them from damage by a transportation security incident. Requires the HS Secretary to: (1) recommend to specified congressional committees ways to coordinate background checks for all individuals engaged in transportation activities; and (2) assess and collect an international port security service fee on commercial maritime transportation entities and an international maritime transshipment security user fee on shippers of cargo and passengers. Establishes in DHS the Port Security Capital Fund to provide financial assistance to entities required to provide transportation security services.
United States · United States Congress · 25 March 2004
Domestic Workforce Protection Act - Renames the Department of Commerce as the Department of Trade and Commerce. Redesignates the Secretary of Commerce or any other official of the Department as the Secretary or official, as appropriate, of Trade and Commerce. Amends the Trade Act of 1974 to transfer the Office of the U.S. Trade Representatives from the Executive Office of the President to the Department of Trade and Commerce. Amends the Internal Revenue Code to revise tax rules for determining amounts included in the gross income of U.S. shareholders of controlled foreign corporations. Disallows a tax deduction for certain royalty payments made by a corporation to an affiliated entity organized and operated outside the United States. Authorizes the Secretary of the Treasury to deny tax benefits for corporations that attempt to avoid U.S. taxation through the use of tax havens. Requires the Attorney General to appoint an Assistant Attorney General for Trade. Provides for employment of additional customs inspectors to detect and prevent illegal transshipments of textiles. Requires the Secretary of Commerce to develop and implement a program to encourage and support increased domestic production of goods and products essential or critical to national security in order to decrease U.S. dependence upon such imports. Expresses the sense of the Senate that Congress should appropriate the full amount authorized by law to carry out the Regional Centers for the Transfer of Manufacturing Technology program under the National Institute of Standards and Technology Act and the Advanced Technology Program authorized by that Act. Abolishes the U.S. International Trade Commission and transfers its functions to the Department of Commerce to be performed by the Assistant Secretary of Commerce for Import Administration.
United States · United States Congress · 23 March 2004
Anticounterfeiting Act of 2004 - Amends the Federal criminal code to prohibit trafficking in an "illicit authentication feature." Defines that term to mean an authentication feature that: (1) without the authorization of the respective copyright owner, has been tampered with or altered so as to facilitate the reproduction or distribution of a phono-record, a copy of a computer program, a copy of a motion picture or other audiovisual work, or documentation or packaging, in violation of the rights of the copyright owner; (2) is genuine, but has been distributed, or is intended for distribution, without the authorization of the respective copyright owner; or (3) appears to be genuine but is not. Authorizes a copyright owner who is injured by a violation of this Act or is threatened with injury to bring a civil action in an appropriate U.S. district court. Sets forth remedies for violations.
United States · United States Congress · 12 March 2004
Rail Transportation Security Act - Directs the Secretary of Homeland Security to assess the security risks associated with freight and intercity passenger rail transportation and develop prioritized recommendations for: (1) improving the security of rail infrastructure and other areas identified as posing significant rail-related risks to public safety and the movement of interstate commerce; (2) deploying chemical and biological weapon detection equipment; (3) training employees in terrorism response activities; and (4) identifying immediate and long-term economic impact of measures that may be required to address those risks. Directs the Secretary of Transportation to review existing Department of Transportation (DOT) rail regulations to identify areas in which those regulations need to be revised to improve rail safety and security. Directs the Comptroller General to carry out a study of the rail passenger transportation security programs in Japan, member nations of the European Union, and other foreign countries in order to identify effective rail transportation security measures in use in those foreign rail transportation systems, including innovative measures and screening procedures determined effective. Directs the Secretary to: (1) study the cost and feasibility of requiring security screening for all passengers, baggage, mail, express, and other cargo on Amtrak trains; and (2) conduct a pilot program of random security screening of passengers and baggage at a specified number of the busiest passenger rail stations served by Amtrak. Authorizes appropriations for FY 2005 for Amtrak for certain life safety and infrastructure upgrades at specified tunnels.
United States · United States Congress · 11 March 2004
Declares that the Senate: (1) expresses the outrage and shock of the people of the United States over the terrorist attacks that occurred in and around Madrid, Spain on March 11, 2004; (2) joins with President Bush in expressing its deepest condolences and pledges to remain shoulder to shoulder with the people of Spain in the war on terrorism; (3) expresses its strong solidarity with the people of Spain during their difficult hour, and its deep condolences to the families of the victims of these despicable terrorist attacks; (4) calls on all nations to join with the United States in condemning the monstrous attacks on the innocent people of Spain and in attempting to identify the perpetrators of the attacks and bring them to account; (5) expresses its readiness to consult with representatives of King Juan Carlos, President Jose Maria Aznar, the Spanish government, the Spanish Cortes, and other public authorities about joint efforts to combat terrorism more effectively; (6) commends the United States Embassy in Madrid for its prompt offers of assistance to the Government of Spain, and for its efforts to determine the welfare and whereabouts of United States citizens who may have been affected by the terrorist attacks; and (7) urges the executive branch to continue to provide all possible assistance to Spain in order to identify and bring to account the perpetrators of the terrorist attacks that occurred on March 11, 2004, in Madrid and of other terrorist attacks against the people of Spain.
United States · United States Congress · 26 February 2004
Motor Vehicle Owners' Right to Repair Act of 2003 - Requires a manufacturer of a motor vehicle sold or introduced into commerce in the United States to disclose to the vehicle owner, a repair facility, and the Federal Trade Commission (FTC) the information necessary to diagnose, service, or repair the vehicle. Sets forth protections for trade secrets. States that manufacturer noncompliance with this Act constitutes an unfair method of competition and an unfair or deceptive act or practice affecting commerce within the purview of the Federal Trade Commission Act. Authorizes a vehicle owner or repair facility to bring a civil action in Federal district court for violations of this Act without regard to the amount in controversy or the citizenship of the parties. Instructs the FTC to prescribe a uniform methodology for manufacturer disclosure in writing, and on the Internet. Prohibits the FTC from prescribing rules that interfere with the authority of the Administrator of the Environmental Protection Agency regarding motor vehicle emissions control diagnostics systems.
United States · United States Congress · 12 February 2004
Internet Tax Ban Extension and Improvement Act - Amends the Internet Tax Freedom Act to extend the ban on State taxation of Internet access and on multiple or discriminatory taxes on electronic commerce until November 1, 2005. Makes such tax ban inapplicable to a tax on Internet access that was generally imposed and enforced prior to October 1, 1998, if, before that date, the tax was authorized by statute and either: (1) a provider of Internet access services had a reasonable opportunity to know that an agency has interpreted and applied such tax to Internet access services; or (2) a State or political subdivision generally collected such tax on charges for Internet access. Applies the same rule for a tax on Internet access that was generally imposed and enforced as of November 1, 2003. Changes the definition of "Internet access service" to exclude telecommunications services (current law), except to the extent such services are purchased, used, or sold by an Internet access provider to connect a purchaser of Internet access to the Internet access provider. Changes the definition of "tax on Internet access" to: (1) mean a tax on Internet access regardless of whether such tax is imposed on a provider of Internet access or a buyer of Internet access and regardless of the terminology used to describe the tax; and (2) exclude a tax levied upon or measured by net income, capital stock, net worth, or property value. Permits subjecting Internet access charges to taxation if they are aggregated with telecommunications service charges and the provider cannot identify them from regular business records.
United States · United States Congress · 10 February 2004
Mutual Fund Reform Act of 2004 - Amends the Investment Company Act of 1940 to: (1) reduce from 60 percent to 25 percent the maximum number of interested persons serving on the board of directors of a registered investment company; and (2) prohibit an interested person of such company from serving as chairman of such board of directors. States that a fiduciary duty is owed by: (1) the board of directors to act with loyalty and care in the best interests of shareholders; and (2) an investment adviser to supply material information necessary for independent directors to review and govern the company. Revises guidelines governing independent accounting and auditing. Directs the SEC to require adoption of a code of ethics by a registered investment company and by its investment advisers and principal underwriters. Directs the SEC to require each senior executive officer of an investment adviser to certify in periodic reports to shareholders that specified procedures are in place to verify compliance with transparency and specified ethical considerations. Grants whistleblower protection for employees of publicly traded companies and registered investment companies. Directs the SEC to develop standardized disclosures for: (1) expense and transaction cost ratios; (2) cost structures; (3) investment adviser compensation; (4) point of sale; and (5) additional disclosures of broker compensation. Repeals Rule 12b-1 fees (asset-based distribution expenses paid by investors). Prohibits: (1) revenue sharing; (2) directed brokerage fees; (3) soft dollar arrangements; (4) short-term trading; and (5) joint management of mutual funds and hedge funds.
United States · United States Congress · 21 January 2004
Electricity Needs Rules and Oversight Now (ENRON) Act - Amends the Federal Power Act to declare unlawful the use in contravention of Federal Energy Regulatory Commission (FERC) regulations of any manipulative or deceptive device or contrivance in connection with the purchase or sale of electric energy or the purchase or sale of transmission services subject to FERC jurisdiction, including rates and charges that result from such manipulative or deceptive device or contrivance.
United States · United States Congress · 9 December 2003
Voter Confidence and Increased Accessibility Act of 2003 - Amends the Help America Vote Act of 2002 to provide for an extension of time for States to request payments for activities to improve administration of elections and for replacement of punch card or lever voting machines. Repeals the exemption of the Election Assistance Commission from certain Government contracting requirements (thus requiring the Commission to advertise for proposals for purchases and contracts for supplies or services). Revises audit capacity requirements to require the voting system to produce a voter-verified paper record suitable for a manual audit equivalent or superior to that of a paper ballot box system. Requires the voting system to provide a mechanism for voter-verification of results with respect to individuals with disabilities which separates the function of vote generation from the function of vote casting, but does not require the use of paper. Requires instruction of election officials in the rights of the disabled to vote with the assistance of an aide of their selection under the Voting Rights Act of 1965. Requires the Commission to study and develop best practices to enhance accessibility and voter-verification mechanisms for disabled voters. Accelerates the deadline for compliance with voting systems standards from January 1, 2006, to the regularly scheduled November 2004 general Federal election. Requires each State and jurisdiction unable to meet such deadline to receive a paper voting system at Commission expense that shall be deemed compliant with such standards for use in the November 2004 general election. Requires Federal certification of technological security of voter registration lists. Directs the Commission to: (1) conduct manual mandatory surprise recounts of the voter-verified records of each election for Federal office (and, at State or local option, of elections for State and local office) in .5 percent of the jurisdictions in each State and .5 percent of the overseas jurisdictions in which voter-verified records are preserved in accordance with this Act immediately following each general election for Federal office; and (2) promptly publish the results of those recounts.
United States · United States Congress · 9 December 2003
Expresses the sense of the Senate that the Federal Communications Commission should: (1) reconsider a specified decision of its Enforcement Bureau in light of the public policy considerations in protecting children from indecent broadcasting material; (2) return to enforcing its own standard for indecency in broadcast media as established under a specified declaratory order; (3) undertake new efforts to sanction broadcast licensees that refuse to adhere to the standards established by such order; (4) protect children from the degrading influences of indecent programming; (5) use its authority to protect the public from indecent broadcasts; (6) expeditiously resolve all indecency complaints and consider reviewing all such complaints at the full Commission level; and (7) aggressively investigate and enforce all indecency allegations.
United States · United States Congress · 25 November 2003
American Railroad Revitalization, Investment, and Enhancement Act of the 21st Century, or the Arrive 21 Act - Directs the Secretary of Homeland Security to assess and develop prioritized recommendations regarding the security risks associated with freight and intercity passenger rail transportation. Amends Federal transportation law with respect to: (1) Federal rail policy; (2) establishment of a rail cooperative research program; (3) State rail plans; (4) interstate railroad passenger high-speed transportation policy; (5) high-speed rail corridor planning; (6) rehabilitation, improvement, and security financing; (7) creations of a 50-year Intermodal Blueprint; and (8) the National Railroad Passenger Transportation (Amtrak) system. Designates specified high-speed rail corridors. Prohibits the Secretary of Transportation (Secretary) from collecting payments for a specified direct loan to Amtrak. Directs the Secretary of the Treasury to work with the Secretary to restructure Amtrak's long-term debt and capital leases. Prohibits Amtrak from contracting new secured debt. Repeals self-sufficiency requirements for Amtrak. Directs the Secretary of the Treasury annually to pay the equivalent of excess railroad retirement benefits to the Railroad Retirement Account with respect to Amtrak retirees. Authorizes appropriations for environmental compliance and station improvements, tunnel life safety, and Amtrak capital and operating expenses. Prescribes general procedures for: (1) establishment of an Amtrak grant process; and (2) development of an Amtrak five-year financial plan. Directs the Amtrak Board of Directors to develop a formula for equitable and fair funding of the operating costs of trains operating on routes of 750 miles or less (State-supported routes). Re-establishes the Northeast Corridor Safety Committee. Amends Federal transportation law to revise requirements for: (1) the Amtrak Board; and (2) intercity passenger train on-time performance and other standards. Requires establishment of a system for financial accounting of Amtrak operations by an independent auditor. Directs the Secretary to contract with an independent auditor or consultant to establish methodologies for Amtrak route and service planning decisions. Directs the Administrator of the Federal Railroad Administration to develop new or improve existing metrics and minimum standards for measuring the service quality of intercity train operations. Establishes a nonprofit and nonpolitical Rail Infrastructure Finance Corporation (RIFC) to provide financial support for rail transportation capital projects through issuance of qualified rail infrastructure bonds. Requires the RIFC Board of Directors to establish a Rail Infrastructure Finance Trust. Authorizes the RIFC Board to establish: (1) an intercity passenger rail development grant program; and (2) a high priority projects grant program. Requires the RIFC Board to establish a freight rail infrastructure development grant program. Deems any person conducting rail operations over rail infrastructure constructed or improved with RIFC grant funds to be an employer for Railroad Retirement Act of 1974 purposes and a carrier for Railway Labor Act purposes. Requires collective bargaining agreements meeting specified criteria between any entity replacing another intercity passenger railroad service provider and the employees of the predecessor provider.
United States · United States Congress · 21 November 2003
Support Our Health Care Providers Act of 2003 - Amends title XVIII (Medicare) the Social Security Act (SSA) with respect to services in rural areas, inpatient hospital services, physician services, preventive services, certain demonstrations and studies, home health services, graduate medical education (GME), chronic care improvement, regulatory and contracting reform, education and outreach, appeals and recovery, as well as specified aspects of the Medicaid program under title XIX. (S. 1926 is identical, except with respect to any provider cuts or premium increases, to titles IV through VII of the conference report of H.R. 1, the Medicare Prescription Drug and Modernization Act of 2003, which became Public Law 108-173 on December 8, 2003. It excludes titles I (Medicare Prescription Drug Benefit), II (Medicare Advantage), III (Combatting Waste, Fraud, and Abuse), XI (Access to Affordable Pharmaceuticals), and XII (Tax Incentives for Health and Retirement Security) of the conference report of H.R. 1.)
United States · United States Congress · 5 November 2003
National Space Commission Act - Establishes a National Space Commission to: (1) provide advice and counsel to the President and Congress on matters related to the future of space; and (2) conduct studies, assessments, and other methods of evaluation to reach conclusions and formulate recommendations; (3) convene public forums, reviews, and other means of public discourse for gathering and distributing information; (4) establish a national approach for the safety of space flight; and (5) provide advice on changes in Federal law or international agreements to achieve recommendations, solutions, and outcomes proposed by the Commission. Directs the Commission to: (1) evaluate findings, recommendations, and observations of the Columbia Accident Investigation Board and the activities of NASA to respond to the Board's report; (2) make recommendations concerning additional and long-term criteria and conditions for the operation of the Space Shuttle; (3) assess NASA's capability to resolve the Board's findings, recommendations, and observations, the proper role of NASA and its industrial, scientific, and commercial partners in the development and operation of high risk space flight systems, and additional NASA workforce and management reforms to achieve safety of human space flight; (4) take into consideration the present condition of the International Space Station (ISS) and alternative space transportation solutions for servicing and supporting the ISS; (5) report on alternative means of transferring crew during assembly of the ISS and on the Space Shuttle's return-to-flight; (6) engage in specific advisory activities related to the development of future launch technology and make recommendations for future national goals for the development and use of space; and (7) review the Nation's program of safety in space flight and make recommendations for a national program for the management of safe commercial, civil, and military space flight.
United States · United States Congress · 3 November 2003
War Profiteering Prevention Act of 2003 - Amends the Federal criminal code to prohibit profiteering and fraud involving a contract or the provision of goods or services in connection with the war, military action, or relief or reconstruction efforts in Iraq (including making materially false statements or representations or materially overvaluing any good or service with the specific intent to make excessive profit). Sets penalties for violations, including up to 20 years imprisonment and a fine of the greater of $1 million or twice the gross profits or other proceeds. Subjects: (1) any property which constitutes or is derived from proceeds traceable to a violation to civil and criminal forfeiture; and (2) transactions involving such property or proceeds to money laundering provisions.
![Official portrait of Sen. Hollings, Ernest F. [D-SC]](https://www.congress.gov/img/member/h000725_200.jpg)