The 108th Congress: An Analysisby
Laurence
M. Vance
"It could probably be shown by facts and figures that there is no distinctly native American criminal class except Congress." ~ Mark Twain Of the thousands of bills introduced in the U.S. Congress every year, only a small percentage of them actually pass both houses of Congress and are signed into law by the president. Whether this is a good or a bad thing remains to be seen. The U.S. Congress meets for a two-year term, divided into two sessions of one year each. Every Congress since the first one to meet under the Constitution has a number. Thus, the current Congress is called the 109th Congress since it is the 109th time in this country’s history that a new Congress has been elected. A new Congress begins its term in January of every odd year, after elections in November of every even year. The most recent Congress to complete its two-year term is the 108th Congress (2003–2005). In the House of Representatives, this Congress began with 231 Republicans, 203 Democrats, and 1 Independent. Because 2 Republicans resigned and were replaced by Democrats, and because 2 other Republicans resigned near the end of the congressional term and were not replaced, the House ended with 227 Republicans, 205 Democrats, 1 Independent, and 2 vacancies. In the Senate, this Congress began and ended with 51 Republicans, 48 Democrats, and 1 Independent. During the 108th Congress, there were 498 bills that became new laws. See this House document and this Senate document for details on the legislative process. New laws are called "public laws" (PL), and are given a number that begins with the number of the Congress that made the law. Thus, the first bill of the 108th Congress to be signed into law was numbered PL 108-1 and the last bill signed into law was numbered PL 108-498. The nature of these 498 laws varies greatly. Some of them are serious; others are downright ridiculous. Some are constitutional; others are blatantly unconstitutional. However, just because a law is serious and/or constitutional does not mean that it is a good law. And the fact that pro-lifers, civil libertarians, the religious right, or conservatives support a particular law does not mean that the law in question is good either. Because of the tremendous number of laws on the books already, it can almost be said that the only new laws that can be considered good laws are those which undo the damage caused by previous laws. That is, laws that result in freer markets, increased liberty, less intervention, sounder money, greater decentralization, and a more limited government. What follows is a brief analysis and categorization of all 498 new public laws. This is not an in-depth analysis of each law. The treatment given to each law is not equal. The categories are purely my opinion, but I think accurate enough for the purposes of this analysis. Some laws fit into two or more categories, but as a general rule, each law is only mentioned one time under the most appropriate category. Most of the laws referred to in this article have a link to the House website where further information can be obtained about each one, including bill numbers, sponsors, cosponsors, and the complete text of the legislation. All quotations, unless specified otherwise, are taken from the title to the legislation or the official summary. Are Appropriations Appropriate? The most expensive new laws are those that appropriate money (taxpayers’ money) for the various federal programs and agencies. These are the billion dollar bills, and are the reason the federal budget is over $2 trillion. Appropriation bills that have become law are of several types. The main ones are those that appropriate money for specific items – Defense, Agriculture, etc. Others are for the purpose of making or authorizing "consolidated appropriations," "continuing appropriations," "further continuing appropriations," or "emergency supplemental appropriations." The major appropriations made by the 108th Congress are as follows. Public Law 108-83 made appropriations "for the Legislative Branch for the fiscal year ending September 30, 2004." Public Law 108-87 made appropriations "for the Department of Defense for the fiscal year ending September 30, 2004." Public Law 108-90 made appropriations "for the Department of Homeland Security for the fiscal year ending September 30, 2004." Public Law 108-108 made appropriations "for the Department of the Interior and related agencies for the fiscal year ending September 30, 2004." Public Law 108-132 made appropriations "for military construction, family housing, and base realignment and closure for the Department of Defense for the fiscal year ending September 30, 2004." Public Law 108-136 made appropriations "for fiscal year 2004 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Forces." Public Law 108-137 made appropriations "for energy and water development for the fiscal year ending September 30, 2004." Public Law 108-153 authorized appropriations "for nanoscience, nanoengineering, and nanotechnology research." Public Law 108-177 authorized appropriations "for fiscal year 2004 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System." Public Law 108-193 authorized appropriations "for fiscal years 2004 and 2005 for the Trafficking Victims Protection Act of 2000." Public Law 108-199 authorized appropriations "for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2004." Public Law 108-200 authorized appropriations "for fiscal year 2004 to carry out the Congo Basin Forest Partnership program." Public Law 108-287 made appropriations "for the Department of Defense for the fiscal year ending September 30, 2005." Public Law 108-293 authorized appropriations "for fiscal years 2004 and 2005 for the United States Coast Guard." Public Law 108-324 made appropriations "for military construction, family housing, and base realignment and closure for the Department of Defense for the fiscal year ending September 30, 2005." Public Law 108-334 made appropriations "for the Department of Homeland Security for the fiscal year ending September 30, 2005." Public Law 108-335 made appropriations "for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 2005." Public Law 108-375 authorized appropriations "for fiscal year 2005 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy." Public Law 108-447 made appropriations "for foreign operations, export financing, and related programs for the fiscal year ending September 30, 2005." Public Law 108-487 authorized appropriations "for fiscal year 2005 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System." There is one long and complex law that makes "consolidated appropriations," and two that continue the appropriations. Public Law 108-7 makes consolidated appropriations for the Department of Agriculture, Conservation Programs, Rural Development Programs, Domestic Food Programs, Foreign Assistance and Related Programs, Related Agencies and Food and Drug Administration, the Department of Justice, the Department of Commerce and Related Agencies, the Judiciary, the Legislative Branch, the Department of State, the District of Columbia, the Department of the Army and its Corps of Engineers, the Department of the Interior, the Department of Energy, the Department of Labor, the Department of Health and Human Services, the Department of Education, the Department of Transportation, the Department of the Treasury, the Postal Service, the Department of Veterans Affairs, the Department of Housing and Urban Development, the China Economic and Security Review Commission, and various independent agencies like the Appalachian Regional Commission, the Defense Nuclear Facilities Safety Board, the Delta Regional Authority, the Denali Commission, the Nuclear Regulatory Commission and its Office of the Inspector General, and the Nuclear Waste Technical Review Board." Public Law 108-84 makes continuing appropriations "at the current rate of operations, projects or activities which were conducted in FY 2003." Public Law 108-309 "appropriates amounts for continuing, at the current rate of operations, projects or activities which were conducted in FY 2004." It provides funding "until the earliest of: (1) enactment of an appropriation for any project or activity provided for in this joint resolution; (2) enactment of the applicable appropriations Act without any provision for such project or activity; or (3) November 20, 2004." There are also laws that make "further continuing appropriations" so the government doesn’t shut down. Public Law 108-2 "provides that funds shall be available and obligations due for mandatory payments on or about November 1, 2002, December 1, 2002, January 1, 2003, and February 1, 2003, may continue to be made for certain entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for FY 2002 and for activities under the Food Stamp Act of 1977." Public Law 108-4 "amends Public Law 107-229 to extend until February 7, 2003, specified continuing appropriations for FY 2003." Public Law 108-5 does the same thing until February 20, 2003. Public Law 108-107 "extends until November 21, 2003: (1) the law making continuing appropriations for FY 2004; and (2) the waiver of certain conditions under the Department of Defense Appropriations Act, 2003 on the planning, design, or construction of a chemical weapons destruction facility in Russia." Public Law 108-135 does the same thing until January 31, 2004. Public Law 108-185 "amends the law making continuing appropriations for FY 2004 (the law) to increase from $3.8 billion to $7.667 billion the limitation on new loan guarantee commitments of the Federal Housing Administration (FHA), General and Special Risk Insurance Fund, for the period of applicability of the law." Public Law 108-416 "amends Federal law to provide further continuing appropriations for FY 2005 until the earliest of: (1) enactment of an appropriation for any project or activity provided for in such law; (2) enactment of the applicable appropriations Act without any provision for such project or activity; or (3) December 3, 2004." Public Law 108-434 does the same thing until December 8, 2004. Last, but not least, are laws that make "emergency supplemental appropriations." Public Law 108-11 made "emergency wartime supplemental appropriations for the fiscal year ending September 30, 2003." Public Law 108-69 institutes the "Emergency Supplemental Appropriations for Disaster Relief Act, 2003," and makes "emergency supplemental appropriations to the Department of Homeland Security for FY 2003 for disaster relief in carrying out the functions of the Robert T. Stafford Disaster Relief and Emergency Assistance Act." Public Law 108-106 makes "emergency supplemental appropriations for defense and for the reconstruction of Iraq and Afghanistan for the fiscal year ending September 30, 2004." Public Law 108-303 makes "emergency supplemental appropriations for the fiscal year ending September 30, 2004, for additional disaster assistance." The titles of all these appropriations laws have one thing in common: they all contain the phrase "and for other purposes." This means that every one of them has page after page of appropriations for a myriad of things. For example, Public Law 108-11 is supposed to make "emergency wartime supplemental appropriations for the fiscal year ending September 30, 2003." But in addition to appropriating money for "ongoing military operations in Iraq and other operations and related activities in support of the global war on terrorism," this law also makes additional appropriations for the Army Corps of Engineers, the Department of the Interior, the Department of Energy, the Department of Transportation, the National Nuclear Security Administration, the Department of Homeland Security, the Department of Health and Human Services, the Centers for Disease Control and Prevention, the Public Health and Social Services Emergency Fund, the United States Agency for International Development, the Andean Counterdrug Initiative, the U.S. Emergency Refugee and Migration Assistance Fund, the Foreign Military Financing Program and Peacekeeping Operations, the legislative branch, military construction, the Office of the United States Trade Representative, the Department of Commerce, the Equal Employment Opportunity Commission, and the National Commission on Terrorist Attacks Upon the United States. But that is not all, for it also "authorizes the Bureau of Customs and Border Protection to accept donations of body armor for U.S. Border Patrol agents and canines." It "amends the Agricultural Assistance Act of 2003 to require the Secretary of Agriculture to provide grants to appropriate State Departments of Agriculture that agree to provide assistance under the Livestock Compensation Program to eligible applicants." It "amends the Organic Foods Production Act of 1990 to require the Secretary to allow wild seafood to be certified or labeled as organic." It "establishes a panel to review sexual misconduct allegations at the United States Air Force Academy." It also establishes the "Columbia Orbiter Memorial Act," which "requires the Secretary of the Army to construct an appropriate place in Arlington National Cemetery for a memorial marker honoring the seven members of the crew of the Columbia Orbiter who died on February 1, 2003, during the landing of the space shuttle." And most importantly, it "declares the sense of the Senate" that "the asset acquisition of Trans World Airlines by American Airlines was a positive action that should be commended." No attempt has been made here to specifically analyze any of these appropriations. Some of the bills that became these laws are thousands of pages long. And if members of Congress don’t even read what they vote for, why should I. For those who are not faint of heart, a brief analysis of a $388 billion spending bill was recently done that you can read here – if you can stomach pork. Are Authorizations Authorized? Laws that authorize or reauthorize spending on various federal programs and agencies are similar to the aforementioned laws that appropriate money. Again, we are talking about billions of dollars. Public Law 108-40 reauthorizes "the Temporary Assistance for Needy Families block grant program through fiscal year 2003." Public Law 108-41 authorizes "the use of certain grant funds to establish an information clearinghouse that provides information to increase public access to defibrillation in schools." Public Law 108-81 reauthorizes "the Museum and Library Services Act." Public Laws 108-88, 108-202, 108-224, 108-263, 108-280, and 108-310 "provide an extension of highway, highway safety, motor carrier safety, transit, and other programs funded out of the Highway Trust Fund pending enactment of a law reauthorizing the Transportation Equity Act for the 21st Century." Public Law 108-96 reauthorizes "programs under the Runaway and Homeless Youth Act and the Missing Children's Assistance Act." Public Law 108-145 reauthorizes "the adoption incentive payments program under part E of title IV of the Social Security Act." Public Law 108-146 authorizes "communities to use community development block grant funds for construction of tornado-safe shelters in manufactured home parks." Public Law 108-158 reauthorizes "the Overseas Private Investment Corporation." Public Law 108-160 reauthorizes "the United States Institute for Environmental Conflict Resolution." Public Law 108-161 authorizes "the Secretary of Agriculture to conduct a loan repayment program regarding the provision of veterinary services in shortage situations." Public Law 108-168 reauthorizes the National Transportation Safety Board. Public Law 108-169 reauthorizes the United States Fire Administration. Public Law 108-174 reauthorizes the ban on undetectable firearms. Public Law 108-176 reauthorizes programs for the Federal Aviation Administration. Public Law 108-195 reauthorizes the Defense Production Act of 1950. Public Law 108-210 reauthorizes the "Temporary Assistance for Needy Families block grant program." Public Law 108-238 authorizes "assistance for the National Great Blacks in Wax Museum and Justice Learning Center." Public Laws 108-262 and 108-308 reauthorize "the Temporary Assistance for Needy Families block grant program." Public Law 108-323 reauthorizes "the Tropical Forest Conservation Act of 1998." Public Law 108-331 authorizes "the Board of Regents of the Smithsonian Institution to carry out construction and related activities in support of the collaborative Very Energetic Radiation Imaging Telescope Array System (VERITAS) project on Kitt Peak near Tucson, Arizona." Public Law 108-343 authorizes and facilitates (after a land exchange to be discussed later) "hydroelectric power licensing of the Tapoco Project" in the Great Smoky Mountains National Park. Public Law 108-360 reauthorizes the National Earthquake Hazards Reduction Program. Public Law 108-372 reauthorizes the State Justice Institute. Public Law 108-373 reauthorizes and improves "the programs authorized by the Public Works and Economic Development Act of 1965." Public Law 108-383 reauthorizes the National Historical Publications and Records Commission. Public Law 108-386 authorizes "improvements in the operations of the government of the District of Columbia." Public Law 108-425 amends "the Tijuana River Valley Estuary and Beach Sewage Cleanup Act of 2000 to extend the authorization of appropriations." Public Law 108-439 authorizes "additional appropriations for the Reclamation Safety of Dams Act of 1978." Public Law 108-446 reauthorizes "the Individuals with Disabilities Education Act." Public Law 108-456 reauthorizes "the Harmful Algal Bloom and Hypoxia Research and Control Act of 1998." Public Law 108-480 authorizes "funds for an educational center for the Castillo de San Marcos National Monument." There is one authorization that I forgot. Public Law 108-179 institutes the "Torture Victims Relief Reauthorization Act of 2003," which amends the "Torture Victims Relief Act of 1998." This authorizes "appropriations for FY 2004 and 2005 to: (1) the Department of Health and Human Services to provide grants to programs in the United States to cover the costs of services provided by domestic treatment centers in the rehabilitation of victims of torture (including treatment of the physical and psychological effects of torture), social and legal services, and research and training of health care providers outside of treatment centers or programs to enable them to provide such services; (2) the President for grants to treatment centers and programs in foreign countries that carry out projects and activities specifically designed to treat victims of torture for the physical and psychological effects of torture; and (3) the United Nations Voluntary Fund for Victims of Torture." But wait, Congress forgot something. There is another group that should have received appropriations from this law: the Abu Ghraib prisoners who were tortured by the U.S. military. Debtor Nation All of these appropriations and authorizations cost money. But what if the government doesn’t have the money it needs? No problem, it can always borrow it. Public Law 108-24 "amends Federal law to increase the statutory limit on the public debt from $6.4 trillion to $7.384 trillion." Public Law 108-415 does the same thing, but the new limit is now $8.184 trillion. It was a mere ten years ago that the government debt was "only" about $5 trillion. And ten years before that it was under $2 trillion. It is interesting that not a single Democrat in the House voted for the bill (S. 2986) that became Public Law 108-415. Only ten Republicans voted against it, including of course, Ron Paul. In the Senate, two Democrats voted for the bill and only one Republican voted against it. What’s in a Name? About 20 percent of the new laws given to us by the 108th Congress concern a subject of grave importance that is a high priority for most Americans: the naming of buildings. Most of these buildings are post offices. The 108th Congress sent 89 bills to the president to sign into law so that a post office could either be designated (76) or redesignated (13) as the "XYZ Post Office." A typical law of this nature is Public Law 108-120, which is titled as follows: "To designate the facility of the United States Postal Service located at 135 East Olive Avenue in Burbank, California, as the ‘Bob Hope Post Office Building.’" Other buildings named by an act of Congress include a Department of Defense school in Guam (PL 108-13), a new regional headquarters building for the National Park Service (PL 108-37), the visitor center at the Organ Pipe National Monument in Arizona (PL 108-64), the United States Geological Survey and the United States Bureau of Reclamation (PL 108-462), and various federal buildings and court houses. Sometimes a law does double duty, naming at the same time a courthouse and a post office (PL 108-273) or a courthouse and a federal building (PL 108-467). But in addition to the new public laws that name buildings, there are also some that name other things. Public Law 108-189 renames the "Soldiers’ and Sailors’ Civil Relief Act of 1940" the "Servicemembers Civil Relief Act." Public Law 108-208 "designates specified archaeological sites in New Mexico as the Galisteo Basin Archaeological Protection Sites." Public Law 108-267 redesignates "the American Indian Education Foundation as the National Fund for Excellence in American Indian Education." Public Law 108-342 designates "El Camino Real de los Tejas as a National Historic Trail." Public Law 108-345 redesignates "the Ridges Basin Reservoir, Colorado, as Lake Nighthorse." Public Law 108-387 redesignates the "Fort Clatsop National Memorial as the Lewis and Clark National Historical Park." Public Law 108-391 designates "the space science learning center in Downey, California, as the "Columbia Memorial Space Science Learning Center." Public Law 108-400 renames "the Colorado Canyons National Conservation Area as the McInnis Canyons National Conservation Area." But why does it take an act of Congress to name a building? And why does a federal building have to be named after someone in the first place? Although these laws are frivolous, they don’t increase the power of the state or infringe upon anyone’s rights. However, they do entail some costs to the taxpayers for things like plaques to post the official name of the building and the expenses of printing and recording the new law. But on a positive note, if Congress just spent its time naming buildings instead of making appropriations and reauthorizations, no man’s life, liberty, or property would ever be in jeopardy when the legislature is in session. Land Sakes! Aside from the naming of buildings, federal land is another category with a large number of new laws. This is no surprise since the federal government is the largest landowner in the United States, owning over 90 percent of the state of Nevada and almost 50 percent of the state of California. Many of these land laws concern the changing of boundaries. This usually entails an increase in federal land. There were a myriad of laws passed for the purpose of revising, adjusting, modifying, expanding, or clarifying the boundaries of "the Ottawa National Wildlife Refuge Complex and the Detroit River International Wildlife Refuge" (PL 108-23), "the Glen Canyon National Recreation Area in the States of Utah and Arizona" (PL 108-43), "the Mount Naomi Wilderness Area" (PL 108-95), "the Black Canyon of the Gunnison National Park and Gunnison Gorge National Conservation Area in Colorado" (PL 108-128), "the Kaloko-Honokohau National Historical Park in Hawaii" (PL 108-142), "Harpers Ferry National Historical Park" (PL 108-307), "Mount Rainier National Park" (PL 108-312), "the Johnstown Flood National Memorial in the State of Pennsylvania" (PL 108-313), "the Fort Donelson National Battlefield" (PL 108-367), "the John H. Chafee Coast Barrier Resources System Cedar Keys Unit P25 on Otherwise Protected Area P25P" (PL 108-380), "the John Muir National Historic Site" (PL 108-385), "Chickasaw National Recreation Area, Oklahoma" (PL 108-389), "Wilson's Creek National Battlefield in the State of Missouri" (PL 108-394), "the Harry S Truman National Historic Site in the State of Missouri" (PL 108-396), and "the Petrified Forest National Park in the State of Arizona" (PL 108-430). Other land laws that don’t specifically mention boundaries in their title nevertheless involve the changing of boundaries as well. Public Law 108-32 directs the Secretary of the Interior "to acquire specified State lands within the boundaries of Grand Teton National Park by donation, purchase, or exchange for specified Federal lands of equal value in Wyoming." Public Law 108-131 authorizes the Secretary of the Interior "to acquire the property in Cecil County, Maryland, known as Garrett Island for inclusion in the Blackwater National Wildlife Refuge." Public Law 108-229 expands the Sleeping Bear Dunes National Lakeshore on Lake Michigan. Public Law 108-321 modifies the boundaries of the Timucuan Ecological and Historic Preserve in Nassau County, Florida. Public Law 108-387 "authorizes the Secretary of the Interior to acquire land, interests in land, and improvements therein" within the park boundaries of the Lewis and Clark National Historical Park. Public Law 108-481 provides "for the expansion of Kilauea Point National Wildlife Refuge" in Hawaii. The federal government sometimes conveys some of its land to other parties. Public Law 108-67 directs the Secretary of Agriculture "to convey certain land in the lake Tahoe Basin Management Unit, Nevada, to the Secretary of the Interior, in trust for the Washoe Indian Tribe of Nevada and California." Public Law 108-206 authorizes "the conveyance of a small parcel of Bureau of Land Management land in Douglas County, Oregon, to the county." Public Law 108-230 authorizes the Secretary of Agriculture "to convey certain Mendocino National Forest System lands in Lake County, California, to the owner of Faraway Ranch property, Lake County, California." Public Law 108-305 provides "for the conveyance of the real property located at 1081 West Main Street in Ravenna, Ohio," to Portage County, Ohio. Public Law 108-325 authorizes "a land conveyance between the United State and the City of Craig, Alaska." Public Law 108-338 "directs the Secretary of Agriculture to convey certain National Forest System land in Arkansas for cemetery use to the Hope Cemetery Association, Arkansas." Public Law 108-381 provides "for the conveyance of several small parcels of National Forest System land in the Apalachicola National Forest, Florida, to resolve boundary discrepancies involving the Mt. Trial Primitive Baptist Church of Wakulla County, Florida." Public Law 108-382 authorizes the Secretary of the Interior "to convey certain lands and facilities of the Provo River Project" to "the Provo River Water Users Association." Public Law 108-452 facilitates the transfer of federal land in Alaska to the State of Alaska. Some of these federal land laws involve land exchanges. Public Law 108-152 authorizes the Secretary of Agriculture "to sell or exchange certain land in the State of Florida." Public Law 108-190 directs the Secretary of Agriculture "to convey to certain private land owners specified lands in the Tonto National Forest" and "lands northeast of Payson, Arizona" in exchange for "the conveyance by such land owners of certain lands adjacent to the Montezuma Castle National Monument" and "certain lands within the Coconino National Forest" and "certain lands within the Tonto National Forest." Public Law 108-314 "authorizes the exchange of certain lands within the Martin Luther King, Junior, National Historic Site for lands owned by the City of Atlanta, Georgia." Public Law 108-346 directs the Secretary of Agriculture "to exchange certain lands in the Arapaho and Roosevelt National Forests in the State of Colorado." Public Law 108-350 authorizes the Secretary of Agriculture "to sell or exchange all or part of certain administrative sites and other land in the Ozark-St. Francis and Ouachita National Forests and to use funds derived from the sale or exchange to acquire, construct, or improve administrative sites." Public Law 108-417 authorizes "an exchange of land at Fort Frederica National Monument." Public Law 108-436 authorizes the Secretary of Agriculture "to sell or exchange all or part of certain parcels of National Forest System land in the State of Idaho and use the proceeds derived from the sale or exchange for National Forest System purposes." Public Law 108-343 concerns a land exchange with "Alcoa Power Generating Inc. (APGI) upon conveyance by APGI of acceptable title to certain land adjacent to the APGI power line within the Great Smoky Mountains National Park." Public Law 108-483 authorizes "the exchange of certain land in Everglades National Park." A federal land law can be quite complicated. Consider two abovementioned land exchange laws. Public Law 108-417 authorized "an exchange of land at Fort Frederica National Monument." The underlying bill, H.R. 1113, is very brief, and simply says that the Secretary of the Interior is authorized "to convey to Christ Church of St. Simons Island, Georgia, certain land within the boundary of Fort Frederica National Monument adjacent to Christ Church in exchange for other land to be acquired by Christ Church." It also directs the Secretary "to administer the acquired land as part of the Fort Frederica National Monument." But contrast this with Public Law 108-346, which directed the Secretary of Agriculture "to exchange certain lands in the Arapaho and Roosevelt National Forests in the State of Colorado." This looks like a simple thing until the text of the underlying bill is examined. The bill discusses appraisals, surveys, time limits, permits, donations, use of the land, cash equalization payments, the Geothermal Steam Act of 1970, the Land and Water Conservation Fund, boundary modifications, and "the construction of approximately 140 feet of water pipeline on or near the existing course of the Lindstrom ditch through the Federal land." Some new laws relate to the possible inclusion of land into a national park. Public Law 108-42 "requires the Secretary of the Interior to conduct and report to specified congressional committees on a special resource study" of certain areas in California "for potential inclusion in the National Park System." Public Law 108-63 authorizes the Secretary of the Interior "to acquire the McLoughlin House (the McLoughlin House National Historic Site, including the Barclay House and other associated property and improvements) Oregon City, Oregon, from willing sellers by donation, purchase, or exchange" and "requires that the acquired property be included within the boundaries and administered as part of the Fort Vancouver National Historic Site." Public Law 108-93 directs the Secretary of the Interior "to conduct a special resource study to determine the national significance of the Miami Circle site in the State of Florida as well as the suitability and feasibility of its inclusion in the National Park System as part of Biscayne National Park." Public Law 108-94 directs the Secretary of the Interior "to conduct a study of Coltsville in the State of Connecticut for potential inclusion in the National Park System." Public Law 108-192 "directs the Secretary of the Interior "to establish as a unit of the National Park System the Carter G. Woodson Home National Historic Site in the District of Columbia." Public Law 108-340 directs the Secretary of the Interior "to conduct a study on the preservation and interpretation of the historic sites of the Manhattan Project for potential inclusion in the National Park System." Public Law 108-438 establishes "the Kate Mullany National Historic Site in the State of New York" as "an affiliated area of the National Park System." And speaking of national parks, Public Law 108-352 makes "technical corrections to laws relating to certain units of the National Park System and to National Park Programs." Then there are other new laws concerning federal land. Public Law 108-62 "authorizes the Secretary of the Interior to grant an easement to Otoe County, Nebraska, for the purpose of constructing and maintaining an access road between the Lewis and Clark Interpretive Center in Nebraska City, Nebraska, and certain roads." Public Law 108-148 is designed "to improve the capacity of the Secretary of Agriculture and the Secretary of the Interior to conduct hazardous fuels reduction projects on National Forest System lands and Bureau of Land Management lands," mainly for the purpose of protecting "communities, watersheds, and certain other at-risk lands from catastrophic wildfire." A similar law is Public Law 108-317, which establishes "Institutes to demonstrate and promote the use of adaptive ecosystem management to reduce the risk of wildfires, and restore the health of fire-adapted forest and woodland ecosystems of the interior West." Public Law 108-208 provides "for the protection of archaeological sites in the Galisteo Basin in New Mexico." Public Law 108-268 provides "for the transfer of the Nebraska Avenue Naval Complex in the District of Columbia to facilitate the establishment of the headquarters for the Department of Homeland Security." Public Law 108-269 directs the Secretary of Agriculture "to sell the, Bend Pine Nursery Administration Site in the State of Oregon." Public Law 108-279 "establishes procedures for resolving the status of Federal land in Barry and Stone Counties, Missouri, claimed by private property owners." Public Law 108-341 transfers "federal lands between the Secretary of Agriculture and the Secretary of the Interior." Public Law 108-421 will "assist the States of Connecticut, New Jersey, New York, and Pennsylvania in conserving priority lands and natural resources in the Highlands region." Public Law 108-424 is supposed to "establish wilderness areas, promote conservation, improve public land, and provide for the high quality development in Lincoln County, Nevada." Public Law 108-460 provides "for the conveyance of Federal lands, improvements, equipment, and resource materials at the Oxford Research Station in Granville County, North Carolina, to the State of North Carolina." Public Law 108-485 authorizes "the Secretary of Commerce to make available to the University of Miami property under the administrative jurisdiction of the National Oceanic and Atmospheric Administration on Virginia Key, Florida, for use by the University for a Marine Life Science Center." There are discussed below seven new laws that concern Indian lands. The titles of some of these federal land laws contain the dubious phrase "and for other purposes." For example, the just-mentioned Public Law 108-424 actually does a variety of things in Nevada. It "designates certain Federal land in Nevada as wilderness." It "directs the Secretary of the Interior to conduct specified sales of land identified for initial or annual disposal to qualified bidders" and "to establish a specified corridor for utilities" in two counties and "to conduct a study to investigate ground water quantity, quality, and flow characteristics in the deep carbonate and alluvial aquifers of White Pine County." It also authorizes the Secretary to grant certain rights-of-way, to relinquish others, and "to convey specified land to Lincoln County and the State of Nevada to be used for natural resources conservation or public parks." And most importantly, this law "designates a specified system of trails in Lincoln County as the ‘Silver State Off-Highway Vehicle Trail.’" Don’t be an Indian Giver American Indians were made U.S. citizens and given the right to vote in 1925. Isn’t it time we did away with the Bureau of Indian Affairs? There are 562 federal recognized tribal governments in the United States. In addition to providing "education services" to about 48,000 Indian students, this bureau is responsible for "the administration and management of 55.7 million acres of land held in trust by the United States for American Indians, Indian tribes, and Alaska Natives." The Bureau of Indian Affairs develops forestlands, leases assets on the forestlands, directs agricultural programs, protects water and land rights, develops and maintains infrastructure, and promotes economic development. It is no surprise then that seven new federal land laws concern Indian land. Public Law 108-32 "requires the Secretary of the Interior to take legal title of specified lands in the Gila and Salt River Base and Meridian into trust for the benefit of the Zuni tribe." Public Law 108-66 "declares the right, title, and interest of the United States in certain tracts of land in Rio Arriba County and in Rio Arriba and Santa Fe Counties, New Mexico, to be held in trust for the Pueblo of Santa Clara and the Pueblo of San Ildefonso, respectively (including mineral rights), as part of the Santa Clara Reservation and the San Ildefonso Reservation." Public Law 108-204 "amends the Cow Creek Band of Umpqua Tribe of Indians Recognition Act concerning certain Oregon land conveyed by the Cow Creek Band of Umpqua Tribe to the Secretary of the Interior to hold in trust for them." It "declares that real property taken into trust shall be treated as on-reservation land for the purpose of processing acquisitions of real property into trust." Public Law 108-278 institutes the "Tribal Forest Protection Act of 2004," and authorizes the Secretary of Agriculture and the Secretary of the Interior "to enter into an agreement or contract with Indian tribes meeting certain criteria to carry out projects to protect Indian forest land." Public Law 108-329 amends "the Act of November 2, 1966 (80 Stat. 1112), to allow binding arbitration clauses to be included in all contracts affecting the land within the Salt River Pima-Maricopa Indian Reservation." Public Law 108-374 institutes the "American Indian Probate Reform Act of 2004," and amends "the Indian Land Consolidation Act to improve provisions relating to probate of trust and restricted land." Public Law 108-389 institutes the "Chickasaw National Recreation Area Land Exchange Act of 2004." It "directs the Secretary of the Interior, not later than six months after the Chickasaw Nation conveys all interest in specified non-Federal land (formerly owned by the City of Sulphur, Oklahoma, located adjacent to the existing boundary of the Chickasaw National Recreation Area), to take specified Federal land (in that Area) into trust for the benefit of the Chickasaw Nation." Then there are other new laws concerning American Indians that do not concern land. Public Law 108-22 institutes the "Gila River Indian Community Judgment Fund Distribution Act of 2003," and "requires the per capita distribution of funds paid in settlement of claims made in Docket Nos. 236-C and 236-D, Gila River Pima-Maricopa Indian Community v. United States, to enrolled members of the Gila River Indian Community (Arizona)." Related to this is Public Law 108-451, which authorizes "the Gila River Indian Community water rights settlement," and "requires the Secretary of the Interior and the State of Arizona to develop a firming program to ensure the availability of a specified amount of agricultural priority water to Arizona Indian tribes during water shortages." The aforementioned Public Law 108-32 institutes the "Zuni Indian Tribe Water Rights Settlement Act of 2003." This "ratifies the Settlement Agreement concerning Zuni Indian Tribe water rights claims in the Little Colorado River basin, Arizona" and authorizes appropriations. The aforementioned Public Law 108-204 institutes the "Native American Technical Corrections Act of 2004," which makes "technical amendments" and contains "other provisions relating to Native Americans." Public Law 108-222 provides "for the distribution of judgment funds to the Cowlitz Indian Tribe." Public Law 108-267 "amends the Indian Self-Determination and Education Assistance Act." Public Law 108-270 provides "for the use and distribution of the funds awarded to the Western Shoshone identifiable group under Indian Claims Commission Docket Numbers 326-A-1, 326-A-3, and 326-K." Public Law 108-322 commemorates "the opening of the National Museum of the American Indian." Public Law 108-336 institutes the "Southern Ute and Colorado Intergovernmental Agreement Implementation Act of 2004," which provides "for the implementation of air quality programs developed in accordance with an Intergovernmental Agreement between the Southern Ute Indian Tribe and the State of Colorado concerning Air Quality Control on the Southern Ute Indian Reservation." Public Law 108-431 reaffirms "the inherent sovereign rights of the Osage Tribe to determine its membership and form of government." Public Law 108-437 institutes the "Three Affiliated Tribes Health Facility Compensation Act" by amending the "Three Affiliated Tribes and Standing Rock Sioux Tribe Equitable Compensation Act." It implements "the recommendations of the Garrison Unit Joint Tribal Advisory Committee by providing authorization for the construction of a rural health care facility on the Fort Berthold Indian Reservation, North Dakota." Since the Bureau of Indian Affairs also handles Alaska Natives, there are two new laws that relate to them. Public Law 108-129 authorizes "the exchange of lands between an Alaska Native Village Corporation and the Department of the Interior." Public Law 108-337 institutes the "Alaska Native Allotment Subdivision Act," and "authorizes an Alaskan Native owner of restricted land (land in Alaska subject to Federal restrictions against alienation and taxation), with the approval of the Secretary of the Interior, to: (1) subdivide the restricted land in accordance with State laws or applicable local platting authority; and (2) execute a certificate of ownership and dedication regarding such land with the same effect under State law as if the subdivided and dedicated land were held by unrestricted fee simple title." Go for the Gold Five new public laws are for the purpose of awarding a congressional gold medal to nine individuals: Tony Blair, Jackie Robinson, Dorothy Height, Joseph A. DeLaine, Harry and Eliza Briggs, Levi Pearson, Martin Luther King, and Coretta Scott King. Previous recipients have included Howard Hughes, Jesse Owens, and Rosa Parks. These medals cost considerably more than plaques for buildings, but at least Congress only awarded eight of them. Another award given by Congress is the result of Public Law 108-234 – "To provide for the establishment of separate campaign medals to be awarded to members of the uniformed services who participate in Operation Enduring Freedom and . . . Operation Iraqi Freedom." But since this war was unconstitutional from the very beginning, and since there is still no freedom in Iraq (after the senseless deaths of over 1,300 American servicemen), no taxpayer money should be wasted on these medals either. Free Trade or Managed Trade? There are nine new laws that relate to trade. Even though some of them are about free trade, reading them ought to dispel forever the myth that the United States has a free trade policy. Four of these laws are for the purpose of implementing free trade agreements with the countries of Chile (PL 108-77), Singapore (PL 108-78), Australia (PL 108-286), and Morocco (PL 108-302). But rather than simply stating that the United States will practice free trade with these countries, these laws are free trade laws in name only. Every one of them is very long and very complex. A genuine law implementing free trade would only take one sentence. But even as it preaches the benefits of free trade for some countries, Congress gives preferential treatment to other countries and prohibits free trade with still other countries. Public Law 108-61 "prohibits the importation into the United States of any article that is a product of Burma (Myanmar) until the President determines and certifies to Congress that Burma has met certain conditions." Public Law 108-272 "renews import restrictions" on products from Burma, even though one of the co-sponsors of the bill that became this law acknowledged that the State Department noted that the Burma import restrictions have caused 50,000 to 60,000 workers in Burma to lose their jobs. Public Law 108-274 grants preferential treatment under the African Growth and Opportunity Act (AGOA) to "apparel made from fabrics or yarns listed in Annex 401 of the North American Free Trade Agreement (NAFTA) without regard to the origin of the fabrics or yarns." And what would we do without Public Law 108-19 "directs the President to prohibit the importation into, or exportation from, the United States of any rough diamond, from whatever source, that has not been controlled through the Kimberley Process Certification Scheme." Anyone who is still not convinced that the United States does not have a free trade policy ought to read Public Law 108-429, which amends "the Harmonized Tariff Schedule of the United States to modify temporarily certain rates of duty" and makes "other technical amendments to the trade laws." These complex amendments to the Harmonized Tariff Schedule concern "Temporary Duty Suspensions and Reductions," "New Duty Suspensions and Reductions," "Existing Duty Suspensions and Reductions," "Liquidation or Reliquidation of Certain Entries," "Miscellaneous Provisions," "Other Trade Provisions," and "Technical Amendments Relating to Entry and Protest." There are in this law "New Duty Suspensions and Reductions" on chemicals and dyes, plastics, helium, acrylic fiber tow, compound metals, cases for certain children’s products, children’s products, optical instruments used in children's products, epoxy molding compounds, textile machinery, filament yarns, pesticides and herbicides, refracting and reflecting telescopes, rubber riding boots, a specified ink, sawing machines, manufacturing equipment, thermal release plastic film, silver paints and pastes, polymer masking material for aluminum capacitors, necks used in cathode ray tubes, combed cashmere and camel hair yarn, carded cashmere yarn, rayon filament yarns, tire cord fabric, carbon dioxide cartridges, high-performance loudspeakers, 12-volt batteries, prepared or preserved artichokes, low expansion laboratory glass, stoppers, lids, and other closures, railway car body shells for electric multiple units (EMUs), railway passenger coaches, railway EMU gallery commuter coaches of stainless steel, snowboard boots, hand-held radio scanners, mobile and base radio scanners, fine animal hair of Kashmir (cashmere) goats, R-core transformers, decorative plates, night vision monoculars, satellite radio broadcasting apparatus, acephate (a chemical), and bags for certain toys. And here is a typical example of a "Liquidation or Reliquidation of Certain Entries": "Directs the Secretary of the Treasury to admit free of duty into the United States a replica of the Liberty Bell imported from the Whitechapel Bell Foundry of London, England, by the Liberty Memorial Association of Green Bay and Brown County, Wisconsin, for use by the city of Green Bay, Wisconsin, and Brown County, Wisconsin." Constitutional Coins Six new laws relate to the coining of money. Public Law 108-15 "authorizes the Secretary of the Treasury to change the design on the obverse and reverse sides of five-cent coins issued in 2003, 2004, and 2005, in recognition of the bicentennial of the Louisiana Purchase and the expedition of Meriwether Lewis and William Clark." Public Law 108-289 provides "for the issuance of a coin to commemorate the 400th anniversary of the Jamestown settlement." Public Law 108-290 requires "the Secretary of the Treasury too mint coins in commemoration of Chief Justice John Marshall." Public Law 108-291 requires "the Secretary of the Treasury to mint coins in commemoration of the 230th Anniversary of the United States Marine Corps." All sales of these one-dollar Marine Corps coins include a surcharge of $10 per coin to be paid "to the Marine Corps Heritage Foundation for construction of the Marine Corps Heritage Center." Public Law 108-464 requires "the Secretary of the Treasury to mint coins in commemoration of the tercentenary of the birth of Benjamin Franklin." Public Law 108-486 requires "the Secretary of the Treasury to mint coins celebrating the recovery and restoration of the American bald eagle." Since Congress is authorized by the Constitution in Article I, Section 8, "to coin money," I suppose that these are some of the few laws that could be considered constitutional. Whether they are necessary is another matter. Foreign Aid or Foreign Bribery? The United States gives more countries (actually foreign governments) foreign aid than any other country in the world. But this also means that the United States takes more of its citizens’ money than any other country in the world. In 2003, $37.8 billion of taxpayers’ money was taken and given. The next largest foreign aid budget ($12.2 billion) was the Netherlands. Besides the money appropriated for foreign aid, there are three new laws that basically amount to foreign aid. Congress has committed the U.S. taxpayers to increasing assistance for "the poorest people in developing countries" (PL 108-31), combating HIV, AIDS, tuberculosis, and malaria in foreign countries (PL 108-25), and assisting in the "conservation of marine turtles and the nesting habitats of marine turtles in foreign countries" (PL 108-266). National Interest or National Intervention? The United States has appointed itself to be both the world’s mother and the world’s policeman. Besides bribing countries with foreign aid, or the threat of withholding foreign aid, the United States meddles all over the globe in other ways. The aforementioned Public Law 108-61 institutes the "Burmese Freedom and Democracy Act of 2003." It is supposed to "sanction the ruling Burmese military junta," "strengthen Burma’s democratic forces" and "support and recognize the National League of Democracy as the legitimate representative of the Burmese people." Among other things, it "authorizes the President to use all available resources to assist Burmese democracy activists dedicated to nonviolent opposition to the regime in their efforts to promote freedom, democracy, and human rights in Burma." But it also pledges "resources that will be necessary for the reconstruction of Burma after the SPDC is removed from power." Public Law 108-175 is designed to "halt Syrian support for terrorism, end its occupation of Lebanon, stop its development of weapons of mass destruction, cease its illegal importation of Iraqi oil and illegal shipments of weapons and other military items to Iraq, and by so doing hold Syria accountable for the serious international security problems it has caused in the Middle East, and for other purposes." Public Law 108-283 requires "a report on the conflict in Uganda." How many members of Congress could locate Uganda on a map of Africa? Public Law 108-332 requires "a report on acts of anti-Semitism around the world." This is the "Global Anti-Semitism Review Act of 2004." Has the government ever considered the possibility that U.S. intervention in Muslim countries might have the result of increasing anti-Semitism because of our historic association with Israel? Public Law 108-333 is for the purpose of promoting "human rights and freedom in the Democratic People’s Republic of Korea." This is the "North Korean Human Rights Act of 2004." Among other things, it authorizes the President to "provide grants to private, nonprofit organizations to promote human rights, democracy, rule of law, and the development of a market economy in North Korea" and "increase the availability of information inside North Korea by increasing the availability of information sources not controlled by the Government of North Korea." We have had troops in Korea for over fifty years. I think it is time to bring them home and let South Korea worry about North Korea. The United States has plenty of defense contractors who can supply South Korea with anything it needs to defend itself against the starving people of North Korea. Public Law 108-347 provides "for the promotion of democracy, human rights, and rule of law in the Republic of Belarus and for the consolidation and strengthening of Belarus sovereignty and independence." This is the "Belarus Democracy Act of 2004." It authorizes the President "to support primarily indigenous Belarusian groups that are committed to the support of democratic processes." But it also makes demands of Belarus and threatens the country with sanctions. Public Law 108-484 institutes the "Microenterprise Results and Accountability Act of 2004," and amends "the Foreign Assistance Act of 1961 to improve the results and accountability of microenterprise development assistance programs." It does this by authorizing "microenterprise development grant assistance in developing countries." This law "targets 50 percent of microenterprise assistance for very poor clients." It "establishes the Office of Microenterprise Development within the United States Agency for International Development (USAID), which shall be responsible for approving and administering assistance under this title to eligible partner organizations." It "directs USAID, by October 30, 2004, to develop and certify for use at least two poverty measurement methods for partner organization use, which shall be used by such organizations no later than October 1, 2005." And here is the bottom line: It also "authorizes FY 2005 and 2006 appropriations." Public Law 108-497 expresses "the sense of Congress regarding the conflict in Darfur, Sudan, to provide assistance for the crisis in Darfur and for comprehensive peace in Sudan." This is the "Comprehensive Peace in Sudan Act of 2004." But this law does more than express the sense of Congress. Among other things, it "directs the President to implement specified sanctions in support of peace in Darfur, including blocking the assets of senior Sudanese officials," and "authorizes the President to provide non-military assistance to areas that were outside the Government of Sudan’s control as of April 8, 2004." A Federal Offense More and more "crimes" are becoming federal offences. Public Law 108-21 institutes the "Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 or PROTECT Act." This is an act "to prevent child abduction and the sexual exploitation of children." This is a long and complex law, and contains some provisions that could be abused by the federal government, such as: "Authorizes the interception of wire, oral, or electronic communications in the investigation of kidnaping, sex trafficking, specified sex offenses against children, or transportation for illegal sexual activity." Public Law 108-29 institutes the "Veterans’ Memorial Preservation and Recognition Act of 2003," which establishes "criminal penalties for willfully injuring or destroying or attempting to injure or destroy any structure, plaque, statue, or other monument on public property commemorating the service of any person(s) in the U.S. armed forces." Sounds good, but if the United States just stopped engaging in senseless foreign wars and interventions, the number of veterans and the need for memorials would decrease. Public Law 108-36 instituted the "Keeping Children and Families Safe Act of 2003." It amends "the Child Abuse Prevention and Treatment Act to make improvements to and reauthorize programs under that Act." But it also amends the Amends the "Family Violence Prevention and Services Act" and the "Abandoned Infants Assistance Act of 1988" and the "Child Abuse Prevention and Treatment and Adoption Reform Act of 1978." Public Law 108-38 expresses "the sense of Congress with respect to raising awareness and encouraging prevention of sexual assault in the United States and supporting the goals and ideals of National Sexual Assault Awareness and Prevention Month." Public Law 108-68 amends the PROTECT Act (Public Law 108-21) "to limit the liability of the National Center for Missing and Exploited Children (or a director, officer, employee, or agent) for volunteers in connection with a pilot program for volunteer groups to obtain national and State criminal history background checks through a 10-fingerprint check to be conducted utilizing State criminal records and the Integrated Automated Fingerprint Identification System of the Federal Bureau of Investigation." Public Law 108-79 provides "for the analysis of the incidence and effects of prison rape in Federal, State, and local institutions and to provide information, resources, recommendations, and funding to protect individuals from prison rape." The United States is the world’s largest prison camp. But thank God we keep dangerous criminals like Martha Stewart off the streets. Public Law 108-105 institutes the "Partial-Birth Abortion Ban Act of 2003." It "amends the Federal criminal code to prohibit any physician or other individual from knowingly performing a partial-birth abortion." However, it contains an exception: "Except when necessary to save the life of a mother whose life is endangered by a physical disorder, illness, or injury." Public Law 108-159 amends "the Fair Credit Reporting Act" with the "Fair and Accurate Credit Transactions Act of 2003." It is designed to "prevent identity theft," "improve resolution of consumer disputes," "improve the accuracy of consumer records," and "make improvements in the use of, and consumer access to, credit information." Public Law 108-187 institutes the "Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003." This is also called the "CAN-SPAM Act of 2003," since it regulates interstate commerce "by imposing limitations and penalties on the transmission of unsolicited commercial electronic mail via the Internet." It "sets forth the determination of Congress that: (1) there is a substantial government interest in regulation of commercial electronic mail (spam); (2) senders of spam should not mislead recipients as to the source or content of such mail; and (3) recipients of spam have a right to decline to receive additional spam from the same source." It also "expresses the sense of Congress that: (1) spam has become the method of choice for those who distribute pornography, perpetrate fraudulent schemes, and introduce viruses, worms, and Trojan horses into personal and business computer systems; and (2) the Department of Justice should use all existing law enforcement tools to investigate and prosecute those who send bulk commercial e-mail to facilitate the commission of Federal crimes." By invoking the commerce clause of the Constitution (Art. I, Sec. 8, Par. 3), Congress can do just about anything. Public Law 108-191 amends the "Lacey Act Amendments of 1981 to further the conservation of certain wildlife species." This is the "Captive Wildlife Safety Act." It defines "‘prohibited wildlife species’ as any live species of lion, tiger, leopard, cheetah, jaguar, or cougar or any hybrid of such species," and "declares it a prohibited act for any person to import, export, transport, sell, receive, acquire, or purchase in interstate or foreign commerce any prohibited wildlife species." Thank God the government is so concerned about animals. It is too bad that the state is not equally as concerned with human life. Public Law 108-198 institutes the "Preserving Independence of Financial Institution Examinations Act of 2003." This law "amends Federal criminal law to subject to criminal penalties: (1) personnel of a financial institution who offer a loan or gratuity to a financial institution examiner; and (2) a financial institution examiner who accepts such loan or gratuity." Public Law 108-212 institutes the "Unborn Victims of Violence Act of 2004," by amending "title 18, United States Code, and the Uniform Code of Military Justice to protect unborn children from assault and murder." This looks good on the surface since it "provides that persons who commit certain Federal violent crimes . . . and thereby cause the death of, or bodily injury to, a child who is in utero shall be guilty of a separate offense." However, it "bars prosecution under this Act: (1) of any person for conduct relating to an abortion for which the consent of the pregnant woman (or a person authorized by law to act on her behalf) has been obtained or is implied by law or for conduct relating to any medical treatment of the pregnant woman or her unborn child; or (2) of any woman with respect to her unborn child." Public Law 108-275 institutes the "Identity Theft Penalty Enhancement Act," and establishes "penalties for aggravated identity theft." It "prescribes sentences, to be imposed in addition to the punishments provided for the related felonies, of: (1) two years’ imprisonment for knowingly transferring, possessing, or using, without lawful authority, a means of identification of another person during and in relation to specified felony violations (including theft of public property, theft by a bank officer or employee, theft from employee benefit plans, various fraud and immigration offenses, and false statements regarding Social Security and Medicare benefits); and (2) five years’ imprisonment for knowingly taking such action with respect to a means of identification or a false identification document during and in relation to specified felony violations pertaining to terrorist acts." Public Law 108-277 institutes the "Law Enforcement Officers Safety Act of 2004," and amends "title 18, United States Code, to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns." Public Law 108-281 "amends the E-Government Act of 2002 to provide for court rules allowing parties in a Federal court proceeding to file under seal a reference list that would include both a complete and partially-redacted version of protected information (e.g., Social Security numbers and credit card account numbers) contained in pleadings." Public Law 108-299 "amends the Enhanced Border Security and Visa Entry Reform Act of 2002." It does this by extending some deadlines relating to the installation of "software capable of processing machine-readable, tamper-resistant entry and exit documents and passports that contain biometric identifiers." Public Law 108-304 designates "certain conduct by sports agents relating to the signing of contracts with student athletes as unfair and deceptive acts or practices to be regulated by the Federal Trade Commission." Public Law 108-358 institutes the "Anabolic Steroid Control Act of 2004." It "amends the Anabolic Steroid Control Act of 1990 to modify the definition of ‘anabolic steroid’ to include tetrahydrogestrinone (THG), androstenedione, and specified related chemicals." But it also "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." Public Law 108-370 amends "the International Child Abduction Remedies Act to limit the tort liability of private entities or organizations that carry out responsibilities of United States Central Authority under that Act." Public Law 108-482 is for the purpose of preventing and punishing "counterfeiting of copyrighted copies and phonorecords." It does this by rewriting "Federal criminal code provisions regarding trafficking in counterfeit labels." Thus, the new definition of ‘counterfeit label’ includes "a genuine label that is: (1) distributed for a product for which it was not intended, without authorization of the copyright owner; or (2) altered to falsify the number of authorized copies, the authorized user, or the edition of the program." Public Law 108-495 institutes the "Video Voyeurism Prevention Act of 2004." It "amends the Federal criminal code to prohibit knowingly videotaping, photographing, filming, recording by any means, or broadcasting an image of a private area of an individual, without that individual’s consent, under circumstances in which that individual has a reasonable expectation of privacy. It further defines a "private area" as "the naked or undergarment clad genitals, pubic area, buttocks, or female breast of an individual." However, the government is exempt from this act. The prohibition is "inapplicable to lawful law enforcement, correctional, or intelligence activity." Death and Taxes Ben Franklin’s statement is still true: "In the world nothing can be said to be certain except death and taxes." The government will make sure of the latter and sometimes the former. Public Law 108-27 institutes the "Jobs and Growth Tax Relief Reconciliation Act of 2003." It contains several provisions. Among other things, it "amends the Internal Revenue Code to accelerate the increase to the $1,000 child tax credit to include 2003 and 2004," it "accelerates the increase in the 15 percent bracket for joint filers," it "accelerates the increase in the standard deduction for joint filers," and it "accelerates to 2003 individual income tax rate reductions scheduled to begin in 2006." It also contains "growth incentives" for business and a reduction in taxes on dividends and capital gains. Public Law 108-121 institutes the "Military Family Tax Relief Act of 2003." Among other things, it "doubles, from $6,000 to $12,000, the military death gratuity payment and amends the Internal Revenue Code to provide that the full payment shall be tax exempt." It also extends "for ten years the five-year period utilized in determining full exclusion of gain from the sale of a principal residence." Public Law 108-311 institutes the "Working Families Tax Relief Act of 2004." It amends the Internal Revenue Code to repeal scheduled reductions of "the $1,000 child tax credit," "the standard deduction for married taxpayers," "the threshold taxable income level applicable to married taxpayers eligible for the 15 percent tax bracket," "the threshold taxable income level applicable to married taxpayers eligible for the ten percent tax bracket," and "the refundability of the child tax credit." It also "extends through 2005 the increased exemption from the alternative minimum tax for individual taxpayers" and "treats combat zone compensation (otherwise excludable from gross income) as earned income for purposes of calculating the refundable portion of the child tax credit." We are supposed to be grateful to the government for taking a little bit less of our money (and we are), but it would be better if the government took a lot less, which it could easily do if it did not spend so much of the taxpayers’ money. Public Law 108-326 clarifies "the tax treatment of bonds and other obligations issued by the Government of American Samoa." Public Law 108-357 institutes the "American Jobs Creation Act of 2004." It amends the Internal Revenue Code in a number of ways that are supposed to help corporations and small businesses. Given the government’s track record, this remains to be seen. Public Law 108-435 institutes the "Internet Tax Nondiscrimination Act." This is supposed to "make permanent the moratorium on taxes on Internet access and multiple and discriminatory taxes on electronic commerce imposed by the Internet Tax Freedom Act." On the surface this looks like a good law; however, things are not always what they seem – especially when dealing with the federal government. There is nothing permanent about this law. It "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, 2007." But it doesn’t ban all Internet taxes. It extends through the same date "the Internet access taxing authority of States that had a tax on Internet access prior to October 1, 1998" and "through November 1, 2005, the Internet access taxing authority of States that had a tax on Internet access as of November 1, 2003." It also "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." Then it states that nothing in the act shall "prevent the imposition of fees to preserve and advance Federal universal service (or similar State programs) or 911 or E-911 services." Public Law 108-476 treats "certain arrangements maintained by the YMCA Retirement Fund as church plans for the purposes of certain provisions of the Internal Revenue Code of 1986." My favorite new tax law is Public Law 108-493, which amends "the Internal Revenue Code to revise the excise tax on arrows, effective after March 31, 2005, to: (1) impose a tax equal to 39 cents per arrow shaft on the first sale of such shaft (instead of a 12.4 percent tax on the sales price), with inflation adjustments on such 39-cent amount after 2005; and (2) include points suitable for use with arrows in the 11 percent excise tax on arrow parts and accessories." Fat Cats Federal employees generally receive better pay and benefits than they could get in the private sector. If there is any doubt about this, just look at how many people apply for each new federal job. The 108th Congress has seen fit to enact several new laws relating to federal pay and benefits. Public Law 108-92 amends "chapter 84 of title 5, United States Code, to provide that certain Federal annuity computations are adjusted by 1 percentage point relating to periods of receiving disability |