United States · United States Congress · 2 April 2004
Expresses the sense of the Senate that: (1) the President and Congress should take both a short-term and a long-term approach to reducing and stabilizing crude oil prices as well as reducing dependence on foreign sources of energy; (2) the President should address the problem in the short term by communicating to the members of the Organization of Petroleum Exporting Countries (OPEC) cartel and participating non-OPEC countries that, among other specified messages, the United States seeks to maintain strong relations with crude oil producers, and seeks an immediate increase in the OPEC crude oil production quotas; (3) the President should be commended for sending Secretary of State Powell to communicate personally with leaders of several OPEC members on the need to increase the supply of crude oil; (4) the President should take specified action to ameliorate the long-term problem of the U.S. dependence on foreign oil sources; and (5) the Senate should ameliorate the long-term problem of U.S. dependence on foreign oil sources by appropriating sufficient funds for the development of domestic energy sources, including measures to increase the use of biofuels and other renewable resources.
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
Environmental Enforcement and Security Act of 2004 - Requires the Administrator of the Environmental Protection Agency (EPA) to increase the number of special agents assigned to the EPA's criminal enforcement program, with a specified number of those agents to be assigned to homeland security and protective service duties. Authorizes the Administrator to assign special agents from the program to: (1) support crisis management and consequence management activities during terrorist attacks; (2) support the anti-terrorism and counter-terrorism efforts of the Departments of Homeland Security and Justice; and (3) provide protective service duties. Authorizes the Administrator to provide grants to improve the security of drinking water systems against terrorist attacks. Requires the Administrator to provide for the operation of the Water Information Sharing and Analysis Center at no cost to subscribers.
United States · United States Congress · 1 April 2004
Clean Cruise Ship Act of 2004 - Prohibits cruise vessels entering U.S. ports from discharging sewage, graywater, or bilge water into the waters of the United States, with specified exceptions, including when in compliance with effluent limits and management standards. Requires the Commandant of the Coast Guard and the Administrator of the Environmental Protection Agency to issue regulations establishing effluent limits for sewage and graywater discharged by cruise vessels. Requires the Commandant to issue regulations implementing an inspection, sampling, and testing program sufficient to verify compliance with this Act and other specified laws. Prohibits employment discrimination against persons who institute or testify in proceedings under this Act. Authorizes interested persons to file a petition in U.S. circuit court requesting review of the Commandant's action in promulgating effluent limits or carrying out inspections, sampling, or testing under this Act. Establishes administrative, civil, and criminal penalties for violations of this Act. Authorizes rewards for information leading to the payment of such penalties. Establishes in rem liability for cruise vessels violating this Act. Authorizes citizen suits in the U.S. district courts against those who violate this Act or related regulations and orders, or against the Administrator or Commandant for an alleged failure to perform. Establishes special compliance deadlines for Alaskan cruise vessels with advanced treatment systems. Establishes the Cruise Vessel Pollution Control Fund. Requires the Commandant to establish and collect fees from cruise vessels to carry out this Act and to deposit fees in the Fund.
United States · United States Congress · 31 March 2004
Northern Uganda Crisis Response Act - Directs the Secretary of State to submit a report on the conflict in Uganda, which shall include information on the activities and sources of support for the Lord's Resistance Army, and the actions taken by the United States, Uganda, and the international community to protect civilians, especially children and women, from displacement, abduction, and sexual exploitation.
United States · United States Congress · 30 March 2004
Haiti Economic Recovery Opportunity Act of 2004 - Amends the Caribbean Basin Economic Recovery Act to provide, beginning on October 1, 2003, and for each of the seven succeeding one-year periods, duty-free treatment for certain apparel items wholly assembled or knit-to-shape in Haiti if the President certifies to Congress that Haiti: (1) has established or is progressing toward specified political, economic, and social reforms; (2) does not engage in activities that undermine U.S. security or foreign policy; and (3) does not engage in gross violations of human rights or activities in support of international terrorism. Provides for such provisions' retroactive application to certain entries.
United States · United States Congress · 29 March 2004
Emergency Food and Shelter Act of 2004 - Amends the Stewart B. McKinney Homeless Assistance Act respecting the emergency food and shelter program to: (1) authorize appropriations; (2) change the name of one of the Board nominating organizations from the Council of Jewish Federations, Inc. to the United Jewish Communities; and (3) provide for inclusion of homeless individuals, homeless advocates, or food and shelter recipients on local boards.
United States · United States Congress · 29 March 2004
Amends the Harmonized Tariff Schedule of the United States to provide that: (1) "plastic" and "sheeting of plastic" do not apply to goods having a plastic finish or coating of 0.15 mm or less in thickness; and (2) such plastic finish or coating shall not be considered in determining the exterior or outer surface of any good. Applies this Act retroactively to entries or withdrawals from warehouse for consumption of such goods that was made on or after November 18, 1999, and before the enactment of this Act, for which there would have been no duty or a lower duty (thus requiring liquidation or reliquidation of such duty).
United States · United States Congress · 25 March 2004
Electric Reliability Act of 2004 - Amends the Federal Power Act to extend Federal Energy Regulatory Commission (FERC) jurisdiction for purposes of approving reliability standards and enforcing compliance with this Act over a FERC-certified electric reliability organization (ERO), a regional entity, and users, owners, and operators of a bulk-power system. Prescribes procedural guidelines for: (1) certification as an ERO; (2) filing of reliability standards; and (3) imposition of penalties by either an ERO or FERC for noncompliance with this Act. Requires an ERO to file with FERC for approval of any proposed rule or rule change. Urges the President to negotiate international agreements with the governments of Canada and Mexico to provide for effective compliance with reliability standards and the efficacy of the ERO in the United States, Canada or Mexico. Requires an ERO to assess periodically the reliability and adequacy of the interconnected bulk-power system in North America. Directs FERC to establish a regional advisory body upon the petition of at least two-thirds of the States within a region that have more than half of their electric loads served within the region. Declares this Act inapplicable to Alaska or Hawaii.
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
Anabolic Steroid Control Act of 2004 - Amends the Anabolic Steroid Control Act of 1990 to modify the definition of "anabolic steroid" to include tetrahydrogestrinone (THG), androstenedione, and specified related chemicals. Authorizes the Attorney General, upon the recommendation of the Secretary of Health and Human Services, to exempt from regulation any compound, mixture, or preparation that contains any anabolic steroid, that is intended for administration to a human being or an animal, and that does not present any significant potential for abuse because of its concentration, preparation, formulation, or delivery system. Directs the U.S. Sentencing Commission to review the Federal sentencing guidelines with respect to offenses involving anabolic steroids and consider amending such guidelines to provide for increased penalties. Directs the Secretary to: (1) award grants to enable public and nonprofit private entities to carry out science-based education programs in elementary and secondary schools to highlight the harmful effects of anabolic steroids; and (2) ensure that the National Survey on Drug Use and Health includes questions concerning the use of anabolic steroids.
United States · United States Congress · 11 March 2004
Expresses the sense of the House of Representatives that: (1) a postage stamp should be issued by the United States Postal Service in commemoration of Diwali, a festival celebrated by people of Indian origin; and (2) the Citizens' Stamp Advisory Committee should recommend to the Postmaster General that such a stamp be issued.
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 · 10 March 2004
HRIFA Improvement Act of 2004 - Amends the Haitian Refugee Immigration Fairness Act of 1998 (HRIFA) to remove document fraud as a ground of inadmissibility for qualifying Haitians who apply for adjustment of status under HRIFA. Requires determinations regarding derivative status for the children of such qualifying Haitians to be made using the age of the child as of the date of enactment of this Act. Authorizes parents or guardians of children seeking derivative status to file an adjustment application on the child's behalf if the child is physically present in the United States on the date of filing. Permits qualifying Haitians seeking benefits pursuant to this Act to file new status adjustment applications and motions to reopen. Extends to those who file such new applications or motions the same protection from exclusion, deportation, removal, or enforcement of a voluntary departure order as currently applies to HRIFA beneficiaries.
United States · United States Congress · 9 March 2004
SBA Emergency Authorization Extension Act of 2004 - Extends through: (1) May 15 (currently March 15), 2004, any program, authority, or provision, including any pilot program, that is authorized under the Small Business Act or the Small Business Investment Act of 1958 as of September 30, 2003; and (2) FY 2004 the Small Business Administration (SBA) guaranteed loan programs authorized under such Acts. Amends the Small Business Act with respect to the women's business centers program to provide SBA funding authority for nonprofit organizations conducting projects for the benefit of small businesses owned and controlled by women. Increases from 30 to 48 the percentage of appropriated women's business center funds to be used during FY 2004 for sustained women's business center projects. Amends the SBA loan guarantee program to authorize a small business to combine an SBA-guaranteed loan with a loan not guaranteed by a Federal, State, or local government. Allows the nonguaranteed loan to be made by: (1) the lender that provided the financing under the guaranteed loan or a different lender; or (2) a lender in the Preferred Lenders Program. Requires the lender to pay a fee with respect to the nonguaranteed portion of a combination loan. Provides maximum amounts of the nonguaranteed loan when processed either under the Preferred Lenders Program or by SBA staff. Terminates, until the end of FY 2004, the authority of lenders to retain loan guarantee fees collected with respect to SBA-guaranteed loans. Directs the SBA to: (1) eliminate certain loan program shutdowns or restrictions imposed by policy notices (thereby allowing for the processing and approval of previous loan applications that were not considered or approved due to a shutdown or restriction); and (2) give priority to the processing of such loans. Requires all combination loan fee proceeds to be used only to administer such loans. Authorizes the resubmission of certain small business disaster loan applications submitted before January 1, 2003, in response to the events associated with SBA Disaster Declaration 3364 with respect to areas of New York City and Westchester County, New York.
United States · United States Congress · 9 March 2004
States that the Senate designates April 2004 as Financial Literacy Month to raise public awareness about the importance of financial education in the United States and the serious consequences that may be associated with a lack of understanding about personal finances.
United States · United States Congress · 9 March 2004
Designates March 8, 2004 as International Women's Day. Reaffirms the Senate's commitment to: (1) ending discrimination and violence against women; (2) ensuring the safety and welfare of women; and (3) pursuing policies that guarantee the basic rights of women. Requests that the President issue a proclamation calling upon the people of the United States to observe International Women's Day with appropriate programs and activities.
United States · United States Congress · 4 March 2004
Small Employers Health Benefits Program Act of 2004 - Directs the Office of Personnel Management to administer a separate health insurance program for non-Federal employees who are either self-employed or employees of a small business with fewer than 100 employees. Allows the Office to contract with carriers to provide health insurance under this Act. Requires rates charged to reasonably and equitably reflect the costs of the benefits provided. Permits rates and premiums to vary based on age but not on health status factors. Permits the Office to reimburse a carrier for costs that exceed premiums received by a specified percentage. Requires a carrier to make payments to a contingency reserve fund established by the Office if the carrier's costs are lower than expected by a specified percentage. Allows the Office to use such funds to provide assistance to carriers that experience unanticipated financial hardships. Requires the Office to establish a reinsurance fund to provide payments to carriers that experience a catastrophic claim (a claim over $50,000) for benefits provided to an individual enrolled under this Act. Authorizes the Office to contract with entities to administer this health program regionally. Allows certain benefits to be offered to Medicare beneficiaries. Requires the Office to implement a public education campaign regarding this health insurance program. Allows a refundable tax credit for health insurance expenses of small employers who pay a specific percentage of employee expenses under such a health plan.
United States · United States Congress · 4 March 2004
States that the Senate: (1) condemns the detention of Father Thaddeus Nguyen Van Ly by the Government of the Socialist Republic of Vietnam and calls for his immediate and unconditional release; (2) condemns the violations of freedom of speech, religion, movement, association, and the lack of due process afforded to individuals in Vietnam; and (3) urges the Government of Vietnam to consider the implications of its actions for the broader relationship with the United States, including the United States-Vietnam Bilateral Trade Agreement. Expresses the sense of the Senate that the United States should: (1) make the immediate release of Father Ly a top concern; (2) reiterate its deep concern regarding the violation of Father Ly's and other prisoners' human rights; and (3) make it clear to the Government of Vietnam that the religious or political detention and human rights violations of Father Ly and other persons create obstacles to improved bilateral relations with the United States.
United States · United States Congress · 3 March 2004
Universal Access to Affordable Health Insurance for all Americans Act of 2004 - Directs the Office of Personnel Management to: (1) administer a health insurance program for non-Federal employees; and (2) enter into contracts with carriers to make health benefits plans available to eligible individuals. Allows the Office to require carriers to offer such a plan to be eligible to enter into a contract for a Federal Employees Health Benefit (FEHB) plan. Prohibits individuals from joining the plan that are: (1) 65 years of age or older; (2) eligible to enroll for coverage under a public health insurance program; (3) eligible to enroll in a FEHB plan; or (4) members of the uniformed services. Allows rates charged and premiums paid for such a plan to differ among geographic regions. Prohibits any Government contribution to such plans. Requires the Office to keep individuals under such plans in a separate risk pool from individuals covered under a FEHB plan. Amends the Internal Revenue Code of 1986 to provide for refundable credits for payments made to such plans. Provides for full credit for those below the poverty line, and gradually decreasing credit based on individual income. Directs the Secretary of the Treasury to make advance payments to such a plan on behalf of an enrollee equal to the Secretary's estimate of the amount of credit allowable for the enrollee.
United States · United States Congress · 2 March 2004
Amends the Public Health Service Act to: (1) allow pancreases procured for use in islet cell transplantation or research to be counted for certification purposes for qualified organ procurement organization grants; and (2) require the Diabetes Mellitus Interagency Coordinating Committee to include in its annual report an assessment of the Federal activities and programs related to pancreatic islet cell transplantation.
United States · United States Congress · 2 March 2004
Trade Adjustment Assistance Equity for Service Workers Act of 2004 - Amends the Trade Act of 1974 to extend trade adjustment assistance (TAA) to workers in a service sector firm or its subdivision or public agency. Revises group eligibility requirements for TAA to include: (1) a shift, by a public agency to a foreign country in provision of services, like or directly competitive with services which are provided by the workers' firm, subdivision, or public agency; and (2) the situation where the workers' firm, subdivision, or public agency obtains or is likely to obtain such services from a foreign country. Requires the Secretary of Labor to certify as eligible to apply for TAA any adversely affected secondary workers in a service sector firm or its subdivision or public agency. Specifies criteria for determination of the existence of increased imports of like or directly competitive articles or services. Increases from $220 million to $440 million the amount of fiscal year payments for training of adversely affected workers under the Act. Authorizes the Secretary to provide technical assistance for the establishment of industrywide programs for new service development. Modifies the trade monitoring system to include imports of services.
United States · United States Congress · 27 February 2004
Amends Federal law concerning the Coastal Heritage Trail Route in New Jersey to reauthorize appropriations for the route. Allows funds appropriated for the route to be used for grants. Requires the Secretary of the Interior to prepare a strategic plan that describes opportunities to increase participation in the planning, development, and administration of the route and organizational options for sustaining the route.
United States · United States Congress · 26 February 2004
End Racial Profiling Act of 2004 - Prohibits any law enforcement agent or agency from engaging in racial profiling. Authorizes the United States or an individual injured by racial profiling to bring a civil action for declaratory or injunctive relief in State court or U.S. district court. Makes proof that the routine or spontaneous investigatory activities of law enforcement agents in a jurisdiction have had a disparate impact on racial, ethnic, or religious minorities prima facie evidence of a violation. Authorizes the court to allow a prevailing plaintiff attorney's fees under specified circumstances. Directs Federal law enforcement agencies to: (1) cease practices that encourage racial profiling; and (2) maintain policies and procedures to eliminate racial profiling, including the collection of data on routine investigatory activities, procedures for responding meaningfully to complaints alleging racial profiling, and procedures to discipline agents who engage in racial profiling. Requires that an application by a State, local , or Indian tribal government for funding under the Byrne, Cops on the Beat, or Local Law Enforcement Block Grant program include a certification that such government: (1) maintains adequate policies and procedures designed to eliminate racial profiling; and (2) has ceased any practices that encourage racial profiling. Authorizes the Attorney General to make grants to States and specified entities to develop and implement best practice devices and systems to ensure the racially neutral administration of justice.
United States · United States Congress · 25 February 2004
Amends part C (Medicare+Choice) of title XVIII (Medicare) of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to prohibit the Medicare comparative cost adjustment program from operating in New Jersey.
United States · United States Congress · 24 February 2004
Assault Weapons Ban Reauthorization Act of 2004 - Amends the Public Safety and Recreational Firearms Use Protection Act to provide for a ten-year extension of the assault weapons ban.
United States · United States Congress · 24 February 2004
Coastal Restoration Act of 2004 - Rewrites provisions regarding the Federal shore protection program to: (1) provide for the protection and restoration of beaches and other coastal infrastructure, as well as shore protection; and (2) include the purpose of promoting recreation. Includes among areas to be given preference areas: (1) where regional sediment management plans have been adopted; and (2) that promote human health and safety and the quality of life. Directs the Secretary of the Army to pay the Federal cost share of carrying out shore and beach protection projects and research that encourages the protection, restoration, and enhancement of shores, sandy beaches, and other coastal infrastructure. Sets forth revised provisions regarding the Federal cost share, which shall be equal for beach erosion control projects for purposes of recreation or for storm damage protection or environmental restoration. Directs the Secretary, at the request of a non-Federal interest and with congressional approval, to extend the period of Federal participation in certain beach nourishment projects.
United States · United States Congress · 23 February 2004
Expresses the sense of Congress that negotiations on access to critical segments of the U.S. automobile market should not take place on a piecemeal basis, but only as part of: (1) negotiations that include all major automobile producing nations; and (2) comprehensive negotiations that address both tariff and nontariff barriers specific to the automobile industry, with progress on eliminating tariff barriers explicitly linked to concrete progress on eliminating nontariff barriers.
United States · United States Congress · 12 February 2004
Fairness and Individual Rights Necessary to Ensure a Stronger Society: Civil Rights Act of 2004 - Amends the Civil Rights Act of 1964, the Education Amendments of 1972, and the Age Discrimination Act of 1975 to set forth requirements for: (1) establishing discrimination based on disparate impact; and (2) rights of action and recovery for unlawful discrimination (intentional or based on disparate impact) and harassment. Amends the Uniformed Services Employment and Reemployment Rights Act of 1994, the Age Discrimination in Employment Act of 1967, and the Fair Labor Standards Act of 1938 (FLSA) to provide that a State's receipt or use of Federal financial assistance for a State program or activity shall constitute a waiver of sovereign immunity to a suit under such Acts by a program employee. Amends the Air Carrier Access Act of 1986 to authorize civil actions in Federal court for discrimination based on disability. Settlement Encouragement and Fairness Act - Modifies the definition of "prevailing party" for purposes of provisions governing the recovery of attorney's fees to include a party whose pursuit of a non-frivolous claim or defense was a catalyst for a voluntary or unilateral change in position by the opposing party that provides any significant part of the relief sought. Preservation of Civil Rights Protections Act of 2004 - Makes arbitration clauses in employment contracts unenforceable, with exceptions. Authorizes recovery of expert fees by prevailing parties in civil rights actions. Equal Remedies Act of 2004 - Repeals provisions limiting the amount of compensatory and punitive damages that may be awarded in cases of intentional discrimination in employment. Paycheck Fairness in Employment - Amends FLSA to revise provisions governing discrimination in the payment of wages, including equal pay requirements. Establishes the Secretary of Labor's National Award for Pay Equity in the Workplace. Amends the Immigration and Nationality Act to prohibit denying back-pay or other monetary relief for unlawful employment practices against undocumented immigrant workers.
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 · 2 February 2004
Amends the Intelligence Authorization Act for Fiscal Year 2003 to extend through January 10, 2005 (currently May 27, 2004), the date for submission of the final report of the National Commission on Terrorist Attacks Upon the United States. Earmarks specified funds made available for FY 2004 for the National Foreign Intelligence Program for transfer to the Commission for Commission activities.
United States · United States Congress · 28 January 2004
Flu Protection Act of 2004 - Amends the Public Health Act to require: (1) the Secretary of Health and Human Services, through the Director of the Centers for Disease Control and Prevention, to conduct annual public influenza awareness campaign and education and outreach (including Medicare outreach) efforts preceding the flu season; (2) the Director to contract with influenza vaccine manufacturers to ensure the availability of additional doses of flu vaccine; (3) the Director to encourage States to develop a contingency immunization plan for high-risk populations in the event of a vaccine delay or shortage; and (4) the Secretary, through the Director, to establish a protocol to attempt to prevent, prepare for, and respond to an influenza epidemic or pandemic. Requires a manufacturer of a vaccine that receives Federal authority to distribute such vaccine to provide the Department of Health and Human Services (HHS) with advance notice of such manufacturer's intent to stop marketplace distribution of the vaccine. Amends the Internal Revenue Code to: (1) establish a vaccine manufacturing facilities investment tax credit (20 percent of qualifying property per year) for property placed in service by December 31, 2008; and (2) define "vaccine manufacturing facilities property."
United States · United States Congress · 28 January 2004
Guard and Reserve Readiness Retention Act of 2004 - Makes eligible for retired pay non-regular service reserve personnel who obtain the following age and years of reserve service: (1) 60 and 20; (2) 59 and 22; (3) 58 and 24; (4) 57 and 26; (5) 56 and 28; (6) 55 and 30; (7) 54 and 32; and (8) 53 and 34. (Currently, only those obtaining 60 years of age with 20 years of such service are eligible.) Removes the requirement that members of the Selected Reserve and the Individual Ready Reserve may be eligible for benefits under TRICARE (a Department of Defense managed health care program) only if such members: (1) are eligible unemployment compensation recipients; or (2) are not eligible for health care benefits under any employer-sponsored health benefits plan. Makes such eligibility permanent (currently terminates December 31, 2004). Directs the Secretary of the military department concerned to pay the applicable premium to continue in force any qualified health plan coverage for a reserve member (and his or her dependents) while the member is serving on active duty pursuant to a call or order issued during a war or national emergency declared by the President or Congress. Requires the continuation of COBRA coverage during such period. Prohibits simultaneous coverage under both the qualified health plan and TRICARE.
United States · United States Congress · 27 January 2004
Afghan Women Security and Freedom Act of 2004 - Expresses the sense of Congress that: (1) the international community should commit substantial resources, including peacekeeping forces, for protecting the rights of women, reestablishing democracy, and eliminating terrorism in Afghanistan; (2) the United States should strongly support the Afghan Ministry of Women's Affairs and the Afghan Independent Human Rights Commission; (3) international peacekeeping forces and reconstruction teams should be authorized to stop violations of human rights and women's rights; (4) U.S. foreign policy should ensure restoration of the rights of women and girls in Afghanistan, assist in their recovery from the repression of the Taliban and prolonged warfare, and strengthen Afghan institutions led by women; and (5) assistance to Afghanistan should be conditioned on the Afghan Government's adherence to international standards for women's rights and human rights. Authorizes the President to provide assistance for women and children in Afghanistan for the purpose of promoting women's rights and human rights and providing health care, education, training, security, and shelter.
United States · United States Congress · 22 January 2004
Prohibits any official of the Department of Defense (DOD) from entering into a contract with, or otherwise procuring any property or services from, a person under investigation by the DOD Inspector General, unless the selection of such person for such contract or procurement is made with full and open competition. Authorizes the President to waive such prohibition when determined necessary to U.S. national security interests, requiring at least 15 days' advance notification to Congress.
United States · United States Congress · 22 January 2004
Freedom of Choice Act - Declares that it is the policy of the United States that every woman has the fundamental right to choose to: (1) bear a child; (2) terminate a pregnancy prior to fetal viability; or (3) terminate it after fetal viability when necessary to protect her life or her health. Prohibits a governmental entity from: (1) denying or interfering with a woman's right to exercise such choices; or (2) discriminating against the exercise of those rights in its regulation or provision of benefits, facilities, services, or information. Authorizes an individual aggrieved by a violation of this Act to obtain appropriate relief, including relief against a governmental entity in a civil action. States that this Act applies to every Federal, State, and local statute, ordinance, regulation, administrative order, decision, policy, practice, or other action enacted, adopted, or implemented before, on, or after the date of enactment of this Act.
United States · United States Congress · 22 January 2004
Domestic Defense Fund Act of 2004 - Authorizes the Secretary of Homeland Security to award grants to States, units of local government, and Indian tribes for homeland security development. Requires grant awardees, among other requirements, to develop a homeland security plan identifying both short- and long-term homeland security needs. Provides authorized uses of grant assistance, including: (1) funding additional law enforcement, fire, and other emergency response resources and equipment; and (2) improving cyber and infrastructure security. Requires one percent of grant funds to be reserved for Indian tribes. Requires 70 percent of grant funds to be allocated among metropolitan cities and urban counties based on the Secretary's calculations of various infrastructure vulnerabilities and threats such as proximity to international borders, nuclear or other energy facilities, air, rail or water transportation, and national icons and Federal buildings. Requires the remaining percentage to be allocated among the States for use in non-qualifying communities (not a metropolitan city, urban county, or Indian tribe). Requires certifications and annual reports with respect to grant uses. Provides for grant reallocations for failure to comply with use requirements. Allocates funds to States, regional cooperations, and units of local government for: (1) homeland defense planning; (2) increased security through additional first responder personnel; (3) purchasing and refurbishing protective equipment for such personnel; (4) the development and maintenance of Statewide training facilities and homeland security best practices clearinghouses; and (5) the development and maintenance of communications systems that can be used between and among first responders, including law enforcement, fire, and emergency medical personnel. Allocates funds for discretionary grants to high-threat, high-density urban areas, and for the protection of critical infrastructure. Earmarks funds for a flexible emergency assistance fund for States and local governmental units that incur extraordinary homeland security costs. Directs the Department of Homeland Security to develop national homeland security preparedness, first responder training, and equipment standards, and best practices for the use of funds authorized and allocated under this Act. Mandates a ten percent matching funds requirement from grant recipients.
United States · United States Congress · 20 January 2004
Emergency Unemployment Compensation Amendments of 2004 - Amends the Temporary Extended Unemployment Compensation Act of 2002 (TEUCA) to extend the TEUC program through weeks of unemployment ending before June 30, 2004. Terminates individual payments for weeks beginning after September 30, 2004. Revises trigger requirements for determining high-unemployment States (TEUC-X), where individuals are eligible to receive additional weeks of program payments. Provides for temporary State authority to waive application of certain look-back provisions under the Federal-State Extended Unemployment Compensation Act of 1970.
United States · United States Congress · 20 January 2004
BSE and Other Prion Disease Prevention and Public Health Protection Act - Prohibits the importation of a covered article that: (1) if containing animal-derived material, does not state in English that the covered article contains animal-derived material and the name of the derivative animal, and if a ruminant, identifies the country of origin and states whether specified risk material from the ruminant is or may be part of the covered article; (2) if not containing animal-derived material, does not state in English that the covered article does not contain animal-derived material; and (3) contains animal-derived material from a ruminant that was in any country at a time at which there was a transmission risk of bovine spongiform encephalopathy (BSE). Directs the Secretary of Health and Human Services (Secretary) to promulgate compliance standards. Prohibits the introduction into interstate or foreign commerce of a covered article that contains: (1) specified risk material from a ruminant, or any material from a ruminant that was in any foreign country when there was a BSE transmission risk; or (2) any material from a ruminant exhibiting signs of a neurological disease. Directs the Secretary of Agriculture to promulgate compliance standards. Directs the Secretary to: (1) develop an enforcement plan for the regulatory ban of certain animal proteins in ruminant feed; (2) promulgate regulations prohibiting same-farm admixing of ruminant and nonruminant feed; (3) annually assess prion disease prevalence and cattle testing in the United States; and (4) in conjunction with the National Prion Disease Pathology Research Center at Case Western Reserve University, expand survey efforts for prion diseases in humans. Directs the Secretary to establish a ruminant identification program capable of tracing, within 48 hours, the movements of disease-exposed animals from birth to slaughter. Directs the Secretary of Agriculture develop programs to: (1) fund the development of the national animal health laboratory network, and expand the network to include all certified Federal, State, and university veterinary diagnostic laboratories; (2) require rapid prion disease screening tests on nonambulatory ruminants, and on cattle and bison 30 months of age and older and on sheep, goats, deer, and elk 12 months of age and older intended for human consumption; (3) exclude BSE-tested ruminants from animal feed use until test confirmation; (4) expand animal collection by Federal, State, tribal, and local agencies for chronic wasting disease (CWD) testing; (5) require CWD herd certification and interstate movement restrictions for farm raised deer and elk; and (6) increase import inspections. Directs the Secretaries to jointly establish a prion disease task force. Defines: (1) covered article; (2) prion disease; and (3) specified risk material.
United States · United States Congress · 9 December 2003
Health Information for Quality Improvement Act - Amends the Public Health Service Act to establish: (1) an Office of National Healthcare Information Infrastructure to develop a strategic plan to create such an infrastructure; and (2) a Medical Systems Safety Initiative to conduct research on improving and advancing medical care. Requires efforts to increase information technology usage and efficiency in health care to improve the quality of patient care and safety, while protecting privacy and security of information. Prohibits health insurers from denying and preventing individuals with serious illnesses participation in approved clinical trials. Supports research on: (1) how best to care for older patients with multiple chronic conditions; and (2) the effectiveness and safety of prescription drugs with a high level of use in federally funded health programs. Requires the development and use of standardized indicators of health care quality. Supports data collection and analysis to assess health care quality in communities and among people of different backgrounds. Requires a study on approaches to developing and disseminating practice guidelines that synthesize the scientific evidence to support clinical practice. Requires an evaluation of options to align health care performance with payment, including Medicare payments. Supports projects to assess the feasibility of using different organizations to disseminate information about health care quality to consumers. Awards grants for research on patient experiences. Requires the development of standardized materials to assist non-English speaking or functionally illiterate patients in the safe and appropriate use of prescription drugs.
United States · United States Congress · 9 December 2003
Medicare Prescription Drug Price Reduction Act - Amends part D (Voluntary Prescription Drug Benefit Program) of title IV of the Social Security Act, as amended by the Medicare Prescription Drug, Improvement, and Modernization Act of 2003, to give the Secretary of Health and Human Services authority to negotiate prices in contracts with manufacturers of covered Medicare part D drugs.
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 · 25 November 2003
Wireless 411 Privacy Act - Amends the Communications Act of 1934 to prohibit a provider of commercial mobile services, or any affiliate or agent of such provider (provider), from including the wireless telephone number of any current subscriber in any wireless directory assistance service (WDAS) database unless the provider: (1) provides a conspicuous, separate notice to the subscriber of the right not be listed in any WDAS; and (2) obtains express prior listing authorization from such subscriber, and that authorization has not been withdrawn. Allows a provider to include the wireless telephone information of any new subscriber in a WDAS only if the provider provides: (1) a conspicuous, separate notice to the subscriber, at the time of entering into a service agreement and at least once a year thereafter, of the right not to be listed in any WDAS; and (2) the subscriber with convenient mechanisms to decline or refuse to participate in any WDAS. Allows a provider to connect a calling party from a WDAS to a commercial mobile service subscriber only if: (1) the subscriber is provided prior notice of the calling party's identity and is permitted to accept or reject each call; (2) the subscriber's wireless telephone number information is not disclosed to the calling party; and (3) the subscriber is not an unlisted commercial mobile service subscriber. Prohibits a provider from charging a subscriber for the exercise of any rights under this Act.
United States · United States Congress · 25 November 2003
Financial Literacy in Higher Education Act - Amends the Higher Education Act of 1965 (HEA) to direct the Secretary of Education, in carrying out HEA activities related to improving financial and economic literacy, education, and counseling, to emphasize, among other elements, basic personal income and household money management and financial planning skills, and basic economic decision making skills, including specified skills. Directs the Secretary to coordinate such financial and economic literacy activities with related efforts of a Federal commission composed of members from specified Federal agencies. Revises various HEA provisions relating to minority-serving institutions and to student assistance to include requirements for: (1) educational or counseling services to improve the financial and economic literacy of students and their parents; and (2) personal finance courses and skills. Directs the Secretary to establish a HEA pilot program to enable institutions of higher education (IHEs) to provide annual personal finance counseling for their students. Requires: (1) award of a total of five grants to five different IHEs located in geographically different parts of the United States; and (2) at least two of such grantees to be minority-serving IHEs. Directs the Comptroller General to evaluate and report to specified congressional committees on the range and effectiveness of financial and economic education and financial aid counseling activities of IHEs, lenders, servicers, and guaranty agencies as emphasized by the Secretary.
![Official portrait of Sen. Lautenberg, Frank R. [D-NJ]](https://www.congress.gov/img/member/l000123_200.jpg)