United States · United States Congress · 24 June 2004
States that the Senate: (1) endorses the principles and practices of U.S. policy in the Middle East and ongoing actions toward realizing the vision of an Israeli and a Palestinian state living side by side in peace and security; and (2) supports efforts to continue working with others in the international community to build the capacity and will of Palestinian institutions to fight terrorism and prevent the areas from which Israel has withdrawn from posing a threat to the security of Israel.
United States · United States Congress · 18 June 2004
Migratory Bird Treaty Reform Act of 2004 - Amends the Migratory Bird Treaty Act (MBTA) to clarify that the MBTA's prohibition on taking, killing, or possessing migratory birds applies only to native migratory bird species whose occurrence in the United States results from natural biological or ecological conditions. Excludes from coverage under the MBTA bird species occurring as the result of human-assisted introduction unless the species: (1) was native to the United States and extant in 1918; (2) became extinct throughout its range thereafter; and (3) was reintroduced as part of a Federal program. Requires the Secretary of the Interior to publish a list of all nonnative, human introduced bird species to which the MBTA does not apply that belong to biological families of migratory birds covered under any migratory bird conventions with Great Britain (for Canada), Mexico, Russia, or Japan. Neotropical Migratory Bird Conservation Improvement Act of 2004 -Amends the Neotropical Migratory Bird Conservation Act to increase the Federal share of costs for projects funded under that Act. Provides that the non-Federal share shall be paid in cash for projects undertaken in the United States or Canada, but may be paid in cash or in kind for projects in Latin America or the Caribbean. Establishes the Neotropical Migratory Bird Conservation Fund.
United States · United States Congress · 18 June 2004
Expresses the sense of the Senate that the United States should: (1) intensify efforts to help Kosovo achieve the "Standards", as set out by the Special Representative of the United Nations Secretary General in Kosovo and as further elaborated in the UNMIK (the United Nations Interim Administration in Kosovo), to bring about a stable, multiethnic, and democratic society in Kosovo; (2) further encourage Kosovo to become a factor for stability in the region by having good relations with its neighbors, and in particular, by engaging in dialogue with Belgrade; (3) encourage Belgrade to support the standards implementation process in Kosovo; (4) enhance efforts to provide support to KFOR (the North Atlantic Treaty Organization-led international security force in Kosovo), and to call upon the PISG (Provisional Institutions of Self-Government of Kosovo) to ensure the security and freedom of movement for all the people of Kosovo, and the return of refugees and internally displaced persons; (5) urge all people in Kosovo to reject ethnic violence; (6) promote steps to develop the Kosovo economy through strengthened cooperation with the South Central Europe region and Euro-Atlantic institutions; and (7) call upon the leaders of the PISG, and upon the leaders of all political parties and communities of Kosovo to enhance their cooperation with UNMIK, KFOR, and the international community.
United States · United States Congress · 16 June 2004
Children's Hospitals Educational Equity and Research Act of 2004 or CHEER Act - Amends the Public Health Service Act to require the Secretary of Health and Human Services to make payments through FY 2010 (currently, through FY 2005) to children's hospitals for costs associated with operating approved graduate medical resident training programs.
United States · United States Congress · 2 June 2004
Safe Importation of Medical Products and Other Rx Therapies Act of 2004 or Safe IMPORT Act of 2004 - Amends the Federal Food, Drug, and Cosmetic Act to allow individuals to import Food and Drug Administration (FDA)-approved prescription drugs from Canada for personal use. Permits the importation of prescription drugs from Canada by registered Internet pharmacies, pharmacies, or wholesalers in one year under specified conditions, including meeting proper labeling on all dispensed drugs to indicate that the drug has been imported. Allows the Secretary of Health and Human Services to designate additional countries from which to allow importation in three years. Requires the Secretary to give high priority to improving the information management systems of the FDA to improve the detection of intentionally adulterated prescription drugs. Sets forth Internet pharmacy licensing requirements and procedures. Makes providers of interactive computer and advertising services liable for violations under this Act if such providers accept advertising: (1) for a prescription drug from an unlicensed Internet pharmacy; or (2) stating that an individual does not need a prescription to obtain a prescription drug. Requires the Secretary to promulgate regulations requiring designated payment systems, including credit card companies, to prevent sales by unlicensed Internet pharmacies. Allows the FDA to detain or temporarily hold prescription drug shipments based on credible information that a drug presents a risk to the public health. Allows the Secretary to: (1) suspend or debar importation of a particular drug or dosage that poses such a risk or by a particular importer who violates Act requirements; (2) require owners of prescription drugs that have been refused admission into the United States to indicate that information on the drug containers; and (3) authorize other Federal and State officials to conduct inspections to enforce compliance with this Act Deems to be misbranded a prescription drug offered for importation that has previously been refused admission, unless the person reoffering the drug affirmatively establishes that it complies with applicable requirements. Sets forth anti-counterfeiting provisions.
United States · United States Congress · 21 May 2004
Thrift Savings Plan Open Elections Act of 2004 - Allows an election by a Federal employee or member to make contributions under the Thrift Savings Plan (TSP) of the Federal Employees' Retirement System to be made at any time. Provides that such an election shall take effect on the earliest date after the election that is administratively feasible and shall remain in effect until modified or terminated. Prohibits agency contributions from beginning to be made for an employee or member until the date that such contributions would have begun to be made in accordance with regulations as administered on the date preceding the enactment of this Act. Instructs the Federal Retirement Thrift Investment Board to: (1) periodically evaluate whether the tools available to participants provide the information needed to understand, evaluate, and compare financial products, services, and opportunities offered through the TSP; (2) use these evaluations to improve its existing program for TSP participants; and (3) annually report on its TSP education efforts on behalf of plan participants. Directs the Office of Personnel Management (OPM), as part of the retirement training offered by OPM, to develop and implement a retirement financial literacy and education strategy for Federal employees that: (1) educates Federal employees on the need for retirement savings and investment; and (2) provides information related to how Federal employees can receive additional information on how to plan for retirement and calculate what their retirement investment should be in order to meet their retirement goals.
United States · United States Congress · 20 May 2004
Postal Accountability and Enhancement Act - Directs the Postal Regulatory Commission (PRC) created by this Act to establish a modern system for regulating rates and classes for market-dominant products. Specifies regulatory requirements for workshare discounts. Authorizes the United States Postal Service (USPS) to enter into service agreements with customers that provide for postal service under terms different from those otherwise applicable to market-dominant products. Directs USPS Governors to establish rates and classes for products in the competitive category of mail. Authorizes the USPS to conduct market tests of experimental products. Establishes a Postal Service Competitive Products Fund. Prohibits the USPS from engaging in unfair competition. Abrogates the USPS's immunity from suit for violations of the Trademark Act of 1946 and those provisions of the Federal Trade Commission Act concerning unfair or deceptive acts or practices. Sets forth qualifications and requirements for Governors. Requires the appointment of a mediator (in lieu of current factfinding panel) in the event of USPS labor disputes. Replaces the Postal Rate Commission with the Postal Regulatory Commission. Modifies the USPS's contributions to the Civil Service Retirement System. Establishes a USPS Retiree Health Benefits Fund. Repeals a provision of the Postal Civil Service Retirement System Funding Reform Act of 2003 which addressed the disposition of savings under that Act. Addresses the temporary disability and disability retirement of postal employees.
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
Provides for continuation of health benefits coverage for any Federal employee who: (1) is enrolled in a Federal employee health benefits plan; (2) is a member of a reserve component of the armed forces; (3) is called to active duty in support of a contingency operation; (4) is placed on leave without pay or separated from service to perform active duty; and (5) serves for more than 30 consecutive days. Authorizes such coverage, and authorizes agency payment of the employee and Government contributions and any additional administrative expenses chargeable to the employee for such coverage, for up to 24 months after the employee is placed on leave without pay or separated from service to perform active duty. Makes this Act effective as of March 1, 2003.
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 · 26 April 2004
Amends the District of Columbia Access Act of 1999 to permanently authorize the public school and private school tuition assistance programs established under the Act.
United States · United States Congress · 20 April 2004
Amends Federal law concerning government employees to include employees of the District of Columbia courts as participants in long-term care insurance for Federal employees.
United States · United States Congress · 8 April 2004
Commends public servants for their contributions to the Nation. Salutes their dedication and spirit of public service. Honors those government employees who have given their lives in service to their country. Calls upon a new generation of workers to consider a career in public service. Encourages efforts to promote public service careers at all levels of government.
United States · United States Congress · 7 April 2004
Global Anti-Semitism Review Act of 2004 - Expresses the sense of Congress that: (1) the United States should continue to support efforts to combat anti-Semitism worldwide through bilateral relationships and interaction with international organizations such as the Organization for Security and Cooperation in Europe (OSCE); and (2) the Department of State should thoroughly document acts of anti-Semitism that occur around the world. Directs the Secretary of State to report annually on acts of anti-Semitism around the world, including a description of: (1) acts of physical violence against, or harassment of, Jewish people, and acts of violence against, or vandalism of, Jewish community institutions; and (2) governmental responses to such actions, including enactment and enforcement of laws protecting the right to religious freedom of Jewish people, and efforts to promote anti-bias and tolerance education.
United States · United States Congress · 7 April 2004
Fairness in Asbestos Injury Resolution Act of 2004 or FAIR Act of 2004 - Establishes within the Department of Labor the Office of Asbestos Disease Compensation, to be headed by an Administrator responsible for processing claims for compensation for asbestos-related injuries and managing the Asbestos Injury Claims Resolution Fund (Fund) (established within such Office). Authorizes the Administrator to establish a Medical Advisory Committee. Requires the Administrator to: (1) establish an Advisory Committee on Asbestos Disease Compensation; (2) establish a comprehensive asbestos claimant assistance program that includes legal assistance; and (3) appoint physicians to claim-specific Physicians Panels. Establishes: (1) procedures for handling claims of asbestos-related disease and injury; (2) medical evidence auditing and review procedures and applicable medical criteria; and (3) award amounts and payment methods. Imposes a general four-year statute of limitations for filing claims, with special provisions for pending claims and multiple injuries. Allows certain asymptomatic claimants to receive medical monitoring reimbursement. Specifies the funding allocation for asbestos defendants required to pay into the Fund. Establishes the Asbestos Insurers Commission to determine Fund payment obligations of insurers up to a specified aggregate amount. Vests exclusive jurisdiction to review: (1) final determinations regarding fund obligations and actions for declaratory and injunctive relief under this Act in the United States Court of Appeals for the District of Columbia; and (2) award decisions in the U.S. Court of Appeals for the circuit in which the claimant resides. Amends the criminal code to prohibit and establish penalties for fraud and false information in connection with Fund claims. Amends the bankruptcy code to state that Fund contribution obligations are not subject to an automatic stay or dischargeable in bankruptcy. Requires remedies provided by this Act to be the exclusive remedy for asbestos claims. Addresses the effect of this Act on insurance and reinsurance contracts. Requires the sunset of specified provisions of this Act if the Administrator determines that the Fund has insufficient resources. Requires the Administrator to refer possible violations of the Toxic Substances Control Act (TSCA), the Clean Air Act, and the Occupational Safety and Health Act of 1970 to specified officials for possible civil or criminal penalties. Requires the U.S. Sentencing Commission to review Federal sentencing guidelines to ensure that environmental crimes relating to asbestos are sufficiently punished. Prohibits discrimination in health insurance coverage against persons who participate in medical monitoring programs under this Act. Amends the TSCA to require the Administrator of the Environmental Protection Agency to promulgate regulations prohibiting the manufacture, processing, or distribution in commerce of asbestos containing products, subject to specified exemptions.
United States · United States Congress · 6 April 2004
Designates the Federal buildings located at 800 Independence Avenue and at 600 Independence Avenue, Southwest, Washington, D.C., as the Orville Wright Federal Building and Wilbur Wright Federal Building, respectively.
United States · United States Congress · 31 March 2004
States that the Senate: (1) urges all people in Kosovo to immediately stop the violence, end the destruction of homes, churches, and other cultural and religious sites, and cooperate with North Atlantic Treaty Organization's Kosovo Force (KFOR), the United Nations Interim Administration in Kosovo (UNMIK), and the Kosovo Police in identifying for prosecution the perpetrators of violence and property destruction; (2) expresses its deep condolences to the families of those who have been killed in the recent violence; (3) condemns the destruction of personal and religious property in Kosovo; (4) urges political leaders to take action to allow the more than 4,000 Kosovo Serbs and other minorities displaced during the violence to return to their communities; (5) encourages all political leaders in Kosovo to renounce the use of violence, and to proceed with efforts to establish a peaceful, multiethnic society; (6) recommends that the United Nations review the structure of UNMIK; and (7) urges reinvigoration of Belgrade-Pristina dialogue toward establishment of an environment guaranteeing freedom of movement and human rights in Kosovo.
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
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 · 25 March 2004
Environmental Research Enhancement Act - Amends the Environmental Research, Development, and Demonstration Authorization Act of 1979 to establish in the Environmental Protection Agency (EPA) the position of Deputy Administrator for Science and Technology, who shall be appointed by the President with the advice and consent of the Senate. Gives the Deputy Administrator responsibility for: (1) oversight of the Office of Research and Development, the Office of Environmental Information, the Science Advisory Board, the Science Policy Council, and scientific and technical activities in the regulatory program and regional offices of the EPA; and (2) functions related to identification of scientific issues and dissemination of scientific information. Sets the term for the Assistant Administrator for Research and Development. Requires the head of the Office of Research and Development (the Office) to establish a program to make senior research appointments. Specifies the activities of the Office. Requires the EPA Administrator to: (1) substantially increase EPA efforts to disseminate, explain the significance of, and apply the results of research products and projects of the Office; (2) direct the Deputy Administrator for Science and Technology to comprehensively inventory EPA scientific activities conducted outside of the Office and to ensure proper agency-wide coordination of such activities; and (3) revise the agency's peer-review policy. Redesignates the position of EPA Deputy Administrator as Deputy Administrator for Policy and Management.
United States · United States Congress · 12 March 2004
Pregnancy and Trauma Care Access Protection Act of 2004 - Sets forth provisions regulating lawsuits for health care liability claims related to the provision of obstetrical, gynecological, emergency, or trauma care goods or services. Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions. Allows the recovery of unlimited economic damages. Limits noneconomic damages to $250,000. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a percentage based on the amount awarded. Prescribes qualifications for expert witnesses. Permits the court to reduce damages received by the amount of collateral source benefits to which a claimant is entitled. Authorizes the award of punitive damages only where: (1) it is proven that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury the claimant was substantially certain to suffer; and (2) compensatory damages are awarded. Limits punitive damages to the greater of two times the amount of economic damages or $250,000. Limits the liability of manufacturers, distributors, suppliers, marketers, promoters, sellers, and providers of obstetrical, gynecological, emergency, or trauma care services products that comply with Food and Drug Administration standards. Provides for periodic payments of future damage awards.
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 · 9 March 2004
Commemorates and honors the late Macedonian President Boris Trajkovski (who was killed with eight others in a February 2004 plane crash) by: (1) offering condolences to the people of Macedonia, the family of President Trajkovski, and the families of the other crash victims; (2) recognizing the courageous leadership and significant role that President Trajkovski played in efforts to promote peace, stability, and reform, including his work to secure the 2001 Ohrid Framework Agreement; and (3) encouraging the Macedonian government to continue efforts to implement the Ohrid Peace Agreement and to move forward with reforms necessary to join the North Atlantic Treaty Organization and the European Union.
United States · United States Congress · 27 February 2004
Dr. Martin Luther King, Jr., Commemorative Coin Act of 2004 - Instructs the Secretary of the Treasury to mint and issue $1 silver coins emblematic of the human rights legacy and leadership of Dr. Martin Luther King, Jr. Requires that: (1) all sales of such coins include a surcharge of $10 per coin; and (2) all surcharges from coin sales be promptly paid by the Secretary to the Library of Congress for purchasing and maintaining materials associated with the life and legacy of Dr. Martin Luther King, Jr.
United States · United States Congress · 25 February 2004
Uniting Neighborhoods and Individuals To Eliminate Racial Profiling Act (UNITE Act) - Prohibits any Federal, State, or local law enforcement agent or agency from engaging in racial profiling. Requires Federal law enforcement agencies to: (1) cease practices that encourage racial profiling; and (2) maintain policies and procedures designed to eliminate racial profiling, including educational training on racial profiling as part of Federal law enforcement training, procedures for responding meaningfully to complaints alleging racial profiling, and procedures to discipline Federal agents who engage in racial profiling. Establishes within the Department of Justice (DOJ) the National Task Force on Racial Profiling to oversee State-based administrative complaint procedures and to establish an education and awareness program. Requires: (1) each State and local law enforcement agency that desires funds under any DOJ-administered grant program to certify that it is developing and implementing a plan to to eliminate racial profiling that meets specified requirements; and (2) each State that desires funding to establish and maintain specified State-based administrative complaint procedures. Authorizes the Attorney General, through the Bureau of Justice Assistance, to make grants to State and local law enforcement agencies to assist them in developing programs to eliminate racial profiling.
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
Authorizes the Secretary of State to: (1) initiate, and instruct the U.S. delegation to implement, a plan to endorse and obtain observer status for Taiwan at the annual World Health Assembly summit in May 2004, in Geneva, Switzerland; and (2) introduce a resolution in support of observer status for Taiwan at such summit.
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 · 11 February 2004
Administrative Law Judges Pay Reform Act of 2004 - Increases the minimum and maximum rates of basic pay for administrative law judges by linking those rates to level III of the Executive Schedule (currently level IV). Increases the maximum rate of locality pay for administrative law judges to level II of the Executive Schedule (currently level III).
United States · United States Congress · 10 February 2004
Class Action Fairness Act of 2004 - Amends the Federal judicial code to specify the calculation of contingent and other attorney's fees in proposed class action settlements that provide for the award of coupons to class members. Prohibits a Federal district court from approving: (1) a proposed coupon settlement absent a finding that the settlement is fair, reasonable, and adequate; (2) a proposed settlement involving payments to class counsel that would result in a net monetary loss to class members, absent a finding that the loss is substantially outweighed by nonmonetary benefits; or (3) a proposed settlement that provides greater sums to some class members solely because they are closer geographically to the court. Specifies requirements for notices of proposed settlements. Grants district courts original jurisdiction of any civil action in which the matter in controversy exceeds $5 million, exclusive of interest and costs, and is between citizens of different States, or citizens of a State and a foreign State or its citizens or subjects. Lists those factors pursuant to which a district court may decline to exercise jurisdiction over a class action, and specifies those circumstances in which a district court must decline jurisdiction. Sets forth provisions governing the removal of interstate class actions to Federal district court and the review on appeal of remand orders. Directs the Judicial Conference of the United States to report on class action settlements, incorporating recommendations for best court practices to ensure fairness for class members and appropriate fees for counsel.
United States · United States Congress · 10 February 2004
Healthy Mothers and Healthy Babies Access to Care Act of 2003 - Sets forth provisions regulating lawsuits for health care liability claims related to the provision of obstetrical or gynecological goods or services. Sets a statute of limitations of three years after the date of manifestation of injury or one year after the claimant discovers the injury, with certain exceptions. Allows the recovery of unlimited economic damages. Limits noneconomic damages to $250,000. Makes each party liable only for the amount of damages directly proportional to such party's percentage of responsibility. Allows the court to restrict the payment of attorney contingency fees. Limits the fees to a percentage based on the amount awarded. Prescribes qualifications for expert witnesses. Permits the court to reduce damages received by the amount of collateral source benefits to which a claimant is entitled. Authorizes the award of punitive damages only where: (1) it is proven that a person acted with malicious intent to injure the claimant or deliberately failed to avoid unnecessary injury the claimant was substantially certain to suffer; and (2) compensatory damages are awarded. Limits punitive damages to the greater of two times the amount of economic damages or $250,000. Limits the liability of manufacturers, distributors, and providers of obstetrical or gynecological products that comply with Food and Drug Administration standards. Provides for periodic payments of future damage awards.
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 · 3 February 2004
Abandoned Mine Reclamation Program Extension and Reform Act of 2004 - Amends the Surface Mining Control and Reclamation Act of 1977 with respect to the Abandoned Mine Reclamation Fund, particularly funds allocated to States and Indian tribes but not appropriated to them. Sets forth a reallocation scheme for unappropriated balances with respect to: (1) the rural abandoned mine reclamation program; (2) the Federal share; and (3) historic production supplemental grants to States and Indian tribes. Directs the Secretary of the Interior (Secretary) to transfer from the Abandoned Mine Reclamation Fund to the United Mine Workers of America Combined Benefit Fund (Combined Fund) an amount equal to specified expenditures that the Combined Fund trustees estimate will be debited against a certain unassigned beneficiaries premium account. Creates a schedule for the payment of reclamation fees for FY 2004 through 2018 by operators of coal mining operations. Sets forth guidelines governing: (1) allocation of fee receipts and other monies prior to September 30, 2004; and (2) allocation of funds to States and Indian Tribes after September 30, 2004. States that surface coal mining operations on lands eligible for remining shall not affect the eligibility of such lands for reclamation and restoration after the release of the bond or deposit for any such operation. Revises requirements for the granting of Federal funds to implement an approved State reclamation program. Authorizes regulations requiring State assumption of responsibility for administering the emergency reclamation program in order to retain eligibility for Federal grants. Revises requirements for State or Indian tribe certification of the completion of coal reclamation. Authorizes the Secretary to adopt regulations to promote remining of eligible lands to leverage use of monies available from the fund to achieve more land reclamation.
United States · United States Congress · 28 January 2004
Directs the Secretary of the Army to transfer to the Secretary of Veterans Affairs administrative jurisdiction over a portion of the Defense Supply Center in Columbus, Ohio, for the construction of a new outpatient clinic for veterans. Directs the Secretary of the Army, prior to such transfer, to conduct an environmental assessment of such property.
United States · United States Congress · 25 November 2003
Small Manufacturers Assistance, Recovery, and Trade Act or SMART Act - Establishes in the Department of Commerce the position of Assistant Secretary of Commerce for Manufacturing to: (1) identify and address the concerns of U.S. manufacturers; (2) develop policies that promote the viability and expansion of U.S. manufacturing; (3) review policies that adversely impact manufacturers; and (4) identify and address issues unique to small manufacturers and those that are exacerbated by the size or limited capital of small manufacturers. Establishes an Interagency Manufacturing Task Force to maximize, improve, and coordinate Federal agency resources in assisting the manufacturing industry. Amends the Trade Act of 1974 to establish the position of Assistant United States Trade Representative for Small Business. Directs the Administrator of the Small Business Administration (SBA) to establish a Small Business Manufacturing Task Force to evaluate and identify whether SBA programs and services are sufficient to serve the needs of small manufacturers. Requires the SBA Office of Entrepreneurial Development to develop: (1) new outreach and training programs for small manufacturers and small businesses in the manufacturing supply chain; (2) manufacturing workshops; and (3) programs and services to strengthen small business vendors and suppliers in the manufacturing supply chain. Amends the Small Business Act and the Small Business Investment Act of 1958 to include small business manufacturing within the SBA loan and international trade programs.
United States · United States Congress · 21 November 2003
Urges the President and all members of the United States diplomatic corps to: (1) dissuade member states of the United Nations from voting in support of General Assembly resolutions that unfairly castigate Israel; and (2) promote within the General Assembly more balanced and constructive approaches to resolving conflict in the Middle East.
United States · United States Congress · 17 November 2003
Directs the Speaker of the House of Representatives and the President Pro Tempore of the Senate to arrange for the presentation of a congressional gold medal to Lord Robertson of Port Ellen (Secretary General of the North Atlantic Treaty Organization) in recognition of his contributions to maintaining the security fo the Euro-Atlantic region.
United States · United States Congress · 13 November 2003
Deplores the development by Iran of a nuclear weapons program and the failure of the Government of Iran to report material, facilities, and activities to the International Atomic Energy Agency (IAEA) in contravention of its obligations under Nuclear Non-Proliferation Treaty. Concurs with the conclusion of the Department of State that Iran is pursuing a program to develop nuclear weapons. Calls on the President to use all appropriate means to prevent Iran from acquiring nuclear weapons, with particular attention to the needs of the IAEA for information and access, including information concerning gas centrifuges and the conduct of uranium conversion experiments. Calls on Russia to suspend all nuclear cooperation with Iran until Iran fully complies with a specified IAEA resolution, with particular attention to spent fuel. Calls on the United Nations Security Council to consider immediately the passage of a Security Council resolution or the taking of other actions that may be necessary to impose diplomatic and economic sanctions against Iran if it fails to meet its obligations to the IAEA. Calls on the Government of Iran to cease all efforts to acquire nuclear fuel cycle capabilities and to end the enrichment and processing of uranium until it is able to provide specific, verifiable assurances that it is not engaged in a clandestine nuclear weapons program.
United States · United States Congress · 6 November 2003
Authorizes and requests the President to award the Medal of Honor posthumously to Gary Lee McKiddy of Miamisburg, Ohio, for acts of valor while serving in the U.S. Army during the Vietnam War, notwithstanding otherwise application time limitations.
United States · United States Congress · 28 October 2003
Poverty Reduction and Prevention Act - Amends the Community Services Block Grant Act to: (1) extend the community services block grant (CSBG) program; (2) stipulate that 125 percent of the official poverty line is the minimum level a State can set as its maximum eligibility requirement and 60 percent of State median income is the maximum level a State can set as its maximum eligibility requirement; (3) revise fund use, application and plan, and corrective action provisions; (4) require States to implement a financial and organizational assessment protocol; (5) require States to submit a separate CSBG audit; (6) include "religion" among the prohibited categories of exclusion; (7) revise the Secretary of Health and Human Services' discretionary authority; (8) extend community food and nutrition programs; and (9) extend national or regional programs to provide instructional activities to low-income youth. Low-Income Home Energy Assistance Amendments of 2003 - Amends the Low-Income Home Energy Assistance Act of 1981 to: (1) extend the low-income home energy assistance program; and (2) establish extreme weather- and energy cost-based triggers for the release of emergency funds. Assets for Independence Reauthorization Act - Amends the Assets for Independence Act extend the programs under such Act. Revises provisions respecting: (1) qualified expenses; (2) the reserve fund; (3) eligibility for participation; and (4) deposits by qualified entities.
United States · United States Congress · 28 October 2003
Recognizes that November 2, 2003, shall be dedicated to "A Tribute to Survivors" at the United States Holocaust Memorial Museum. Commends the Museum for its first decade of education dedicated to the memory of the victims of the Holocaust.
United States · United States Congress · 20 October 2003
Currency Harmonization Initiative through Neutralizing Action Act of 2003 - Directs the Secretary of the Treasury to annually analyze the exchange rate policies of the People's Republic of China, and to impose additional tariffs, if necessary, to equalize any currency manipulations.
United States · United States Congress · 16 October 2003
Presidential Sites Improvement Act - Directs the Secretary of the Interior to award grants to owners or operators of Presidential sites for major maintenance and improvement projects. Defines "Presidential site" as a site related to a President of the United States that has national significance, is open to the public, and is owned or operated by a State or private institution, organization, or person. Establishes the Presidential Site Grant Commission to review applications for grants and to make recommendations for the awarding of grants under this Act.
![Official portrait of Sen. Voinovich, George V. [R-OH]](https://www.congress.gov/img/member/v000126_200.jpg)