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108hr4902ih | 1. Short title
This Act may be cited as the Medicare Rural Home Health Services Improvement Act of 2004. 2. Two-year extension of temporary medicare payment increase for home health services furnished in a rural area
Section 421 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ; 117 Stat. 2283; 42 U.S.C. |
108hr4902ih | 1395fff note) is amended— (1) in the section heading, by striking one-year and inserting temporary ; and (2) in subsection (a), by striking 2005 and inserting 2007. |
108hr4300ih | 1. Short title
This Act may be cited as the Eastern Municipal Water District Recycled Water System Pressurization and Expansion Project. 2. Project authorization
(a) In general
The Reclamation Wastewater and Groundwater Study and Facilities Act ( Public Law 102–575 , title XVI; 43 U.S.C. 390h et seq. ) is amended by adding after section 1636 the following: 1635. |
108hr4300ih | Eastern Municipal Water District Recycled Water System Pressurization and Expansion Project, California
(a) Authorization
The Secretary, in cooperation with the Eastern Municipal Water District, California, may participate in the design, planning, and construction of permanent facilities needed to establish operational pressure zones that will be used to provide recycled water in the district. (b) Cost sharing
The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. |
108hr4300ih | (c) Limitation
Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). (d) Authorization of Appropriations
There is authorized to be appropriated to carry out this section $12,000,000.. (b) Clerical amendment
The table of sections in section 2 of Public Law 102–575 is amended by inserting after the item relating to section 1634 the following: Sec. 1635. Eastern Municipal Water District Recycled Water System Pressurization and Expansion Project, California. 1635. |
108hr4300ih | Eastern Municipal Water District Recycled Water System Pressurization and Expansion Project, California
(a) Authorization
The Secretary, in cooperation with the Eastern Municipal Water District, California, may participate in the design, planning, and construction of permanent facilities needed to establish operational pressure zones that will be used to provide recycled water in the district. (b) Cost sharing
The Federal share of the cost of the project described in subsection (a) shall not exceed 25 percent of the total cost of the project. |
108hr4300ih | (c) Limitation
Funds provided by the Secretary shall not be used for operation or maintenance of the project described in subsection (a). (d) Authorization of Appropriations
There is authorized to be appropriated to carry out this section $12,000,000. |
108hr4298ih | 1. Improvements to Energy Employees Occupational Illness Compensation Program
(a) State agreements
Section 3661 of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. |
108hr4298ih | 7385o ) is amended— (1) in subsection (b) by striking Pursuant to agreements under subsection (a), the and inserting The ; (2) in subsection (c) by striking provided in an agreement under subsection (a), and if ; and (3) in subsection (e) by striking If provided in an agreement under subsection (a) and inserting If a panel reports a determination under subsection (d)(5). (b) Selection of panel members
Section 3661 of that Act ( 42 U.S.C. |
108hr4298ih | 7385o ) is further amended in subsection (d) by amending paragraph (2) to read as follows: (2) The Secretary of Health and Human Services shall select individuals to serve as panel members based on experience and competency in diagnosing occupational illnesses. For each individual so selected, the Secretary shall appoint that individual as a panel member or obtain by contract the services of that individual as a panel member.. |
108hr4740ih | 1. Short title
This Act may be cited as the Jobs for America Act of 2004. 2. Amendments to the Worker Adjustment and Retraining Notification Act
(a) Definition
Section 2(a) of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101(a) ) is amended— (1) in paragraph (3)(B), by striking for— and all that follows through 500 employees in clause (ii), and inserting for at least 50 employees ; (2) in paragraph (7), by striking and at the end; |
108hr4740ih | (3) in paragraph (8), by striking the period and inserting ; and ; and (4) by adding at the end the following: (9) the term offshoring of jobs means any action taken by an employer the effect of which is to create, shift, or transfer work or facilities outside the United States and which results in an employment loss during any 30 day period for 15 or more employees. (b) Determinations with respect to employment loss
Section 3(d) of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. |
108hr4740ih | 2102(d) ) is amended— (1) by striking each of which and inserting 1 or more of which ; and (2) by striking within any 90-day period and inserting within any 180-day period. (c) Notice
Section 3 of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. |
108hr4740ih | 2102 ) is amended— (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking 60-day and inserting 90-day ; and (B) in paragraph (1), by striking and at the end; (C) in paragraph (2), by striking the period and inserting ; and ; and (D) by inserting after paragraph (2), the following: (3) to the Secretary of Labor. (2) in subsection (b), by striking 60-day each place that such appears and inserting 90-day ; |
108hr4740ih | and (3) by adding at the end the following: (e) Notice for offshoring of Jobs
In the case of a notice under subsection (a) regarding the offshoring of jobs, the notice shall include, in addition to the information otherwise required by the Secretary with respect to other notices under such subsection, information concerning— (1) the number of jobs affected; (2) the location to which work or facilities are being shifted or transferred; and (3) the reasons that such shifting or transferring of work or facilities is occurring. |
108hr4740ih | (d) Technical amendments
The Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101 et seq. ) is amended— (1) by striking plant closing or mass layoff each place that such appears and inserting plant closing, mass layoff, or offshoring of jobs ; (2) by striking closing or layoff each place that such appears and inserting closing, layoff, or offshoring ; and (3) in section 3— (A) in the section heading by striking plant closings and mass layoffs and inserting plant closings, mass layoffs, |
108hr4740ih | and offshoring of jobs ; (B) in subsection (b)(2)(A), by striking closing or mass layoff and inserting closing, layoff, or offshoring ; and (C) in subsection (d), by striking section 2(a)(2) or (3) and inserting paragraph (2), (3), or (9) of section 2(a). (e) Civil Actions against employers
Section 5(a) of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. |
108hr4740ih | 2104(a) ) is amended— (1) in paragraph (1), by striking 60 days and inserting 90 days ; (2) in paragraph (1)(A)(ii), by striking and ; (3) in paragraph (1)(B), by striking the period and inserting ; and ; (4) in paragraph (1), by inserting after subparagraph (B) the following: (C) any other consequential damages incurred by the aggrieved employee as a result of the violation of section 3 of this Act. |
108hr4740ih | ; (5) in paragraph (3), by inserting State or after with respect to a ; (6) in paragraph (4), by adding at the end the following: If the court determines that an employer acted in bad faith in an attempt to evade the requirements of this Act, the court may, in its discretion, award to persons seeking to enforce this Act, treble damages. ; and (7) in paragraph (5), by inserting , a State, after a representative of employees. (f) Posting of employee rights
The Worker Adjustment and Retraining Notification Act ( 29 U.S.C. |
108hr4740ih | 2101 et seq. ) is amended by adding at the end the following: 11. Posting of notice of rights
(a) Development
Not later than 60 days after the date of enactment of this section, the Secretary of Labor shall develop a notice of employee rights under this Act for posting by employers. (b) Posting
Each employer shall post in a conspicuous place in places of employment the notice of the rights of employees as developed by the Secretary under subsection (a).. (g) Annual report
The Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101 et seq. |
108hr4740ih | ), as amended by subsection (d), is further amended by adding at the end the following: 12. Contents of annual reports by the Secretary of Labor
(a) In general
The Secretary of Labor shall collect and compile statistics based on the information submitted to the Secretary under subsections (a)(3) and (e) of section 3. |
108hr4740ih | (b) Report
Not later than 120 days after the date on which each regular session of Congress commences, the Secretary of Labor shall prepare and submit to the President and the appropriate committees of Congress a report on the offshoring of jobs (as defined in section 2(a)(9)). |
108hr4740ih | Each such report shall include information concerning— (1) the number of jobs affected by offshoring; (2) the locations to which work or facilities are being shifted or transferred; (3) the reasons why such shifts and transfers are occurring; and (4) any other relevant data compiled under subsection (a).. 11. Posting of notice of rights
(a) Development
Not later than 60 days after the date of enactment of this section, the Secretary of Labor shall develop a notice of employee rights under this Act for posting by employers. |
108hr4740ih | (b) Posting
Each employer shall post in a conspicuous place in places of employment the notice of the rights of employees as developed by the Secretary under subsection (a). 12. Contents of annual reports by the Secretary of Labor
(a) In general
The Secretary of Labor shall collect and compile statistics based on the information submitted to the Secretary under subsections (a)(3) and (e) of section 3. |
108hr4740ih | (b) Report
Not later than 120 days after the date on which each regular session of Congress commences, the Secretary of Labor shall prepare and submit to the President and the appropriate committees of Congress a report on the offshoring of jobs (as defined in section 2(a)(9)). Each such report shall include information concerning— (1) the number of jobs affected by offshoring; (2) the locations to which work or facilities are being shifted or transferred; (3) the reasons why such shifts and transfers are occurring; and (4) any other relevant data compiled under subsection (a). |
108hr5191ih | 1. Short Title
This Act may be cited as the Count Every Vote Act of 2004. 2. Extension of Dates Provided for Meeting of Electors and Joint Session of Congress for Counting Electoral Votes in Event of Unresolved Controversy or Contest in any State
(a) Meeting of Electors in States
Section 7 of title 3, United States Code, is amended— (1) by striking The electors and inserting (a) In General.— Except as provided in subsection (b), the electors ; |
108hr5191ih | and (2) by adding at the end the following new subsection: (b) Special Rule in Event of Unresolved Controversy or Contest in any State
Notwithstanding the date provided under subsection (a), the electors of President and Vice President of each State shall meet and give their votes on the first day (or, if such day is a Sunday, the second day) occurring after the January 1 that next follows their appointment if— (1) a controversy or contest concerning the appointment of all or any of the electors of any State has been filed; |
108hr5191ih | and (2) a final determination of the controversy or contest has not been made at least 3 days prior to the date described in subsection (a). (b) Deadlines For Delivery of Certificates and Votes by States
(1) Certificate of appointed electors
Section 6 of such title is amended by inserting after communicate by registered mail under the seal of the State the following: (or, if the special rule described in section 7(b) is in effect with respect to the election, communicate by such method as may be appropriate, including overnight delivery or a secure form of electronic transmission, |
108hr5191ih | to ensure receipt not later than the second day that follows the date described in section 7(b)). (2) Disposition of certificates by electors
Section 11 of such title is amended— (A) by striking The electors shall dispose and inserting (a) In General.— Except as provided in subsection (b), the electors shall dispose ; and (B) by adding at the end the following new subsection: (b) Special Rule in Event of Unresolved Controversy or Contest
If the special rule described in section 7(b) is in effect with respect to the election, |
108hr5191ih | the electors shall carry out the delivery and transmission requirements of this section by such method as may be appropriate, including overnight delivery or a secure form of electronic transmission, to ensure receipt of the certificates and lists by the President of the Senate and the Archivist of the United States not later than the second day that follows the date described in section 7(b). (3) Final deadline for delivery
Section 12 of such title is amended— (A) by striking When no certificate and inserting (a) In General.— Except as provided in subsection (b), when no certificate ; |
108hr5191ih | and (B) by adding at the end the following new subsection: (b) Special Rule in Event of Unresolved Controversy or Contest
If the special rule described in section 7(b) is in effect with respect to the election, the Secretary of State of each State shall take such action as may be necessary (including overnight delivery or a secure form of electronic transmission) to ensure that the certificate of vote and list mentioned in sections 9 and 11 is received by the President of the Senate or the Archivist of the United States not later than the second day that follows the date described in section 7(b). |
108hr5191ih | (4) Demand on district court judge
Section 13 of such title is amended— (A) by striking When no certificates and inserting (a) In General.— Except as provided in subsection (b), when no certificates ; and (B) by adding at the end the following new subsection: (b) Special Rule in Event of Unresolved Controversy or Contest
If the special rule described in section 7(b) is in effect with respect to the election, |
108hr5191ih | the district judge referred to in subsection (a) shall take such action as may be necessary (including overnight delivery or a secure form of electronic transmission) to ensure that the list described in such subsection is received by the President of the Senate or the Archivist of the United States not later than the second day that follows the date described in section 7(b). (c) Joint Session For Counting Electoral Votes
The first sentence of section 15 of such title is amended by striking the period at the end and inserting the following: , or if the special rule described in section 7(b) is in effect, |
108hr5191ih | on the second day (or, if such day is a Sunday, the third day) that follows the deadline for the receipt of certificates and votes by the President of the Senate or the Archivist of the United States under section 12(b). 3. Extension of Safe Harbor Period for Resolution of Controversy or Contest Regarding Appointment of Electors
Section 5 of title 3, United States Code, is amended by striking six days each place it appears and inserting 3 days. 4. |
108hr5191ih | Effective Date
The amendments made by this Act shall apply with respect to the Presidential election held in November 2004 and each succeeding Presidential election. |
108hr5139ih | 1. Short title
This Act may be cited as the Oglala Sioux Tribe Angostura Irrigation Project Modernization and Development Act. 2. Findings
Congress finds that— (1) Congress approved the Pick-Sloan Missouri River basin program by passing the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) ( 33 U.S.C. 701–1 et seq. )— (A) to promote the economic development of the United States; (B) to provide for irrigation in regions north of Sioux City, Iowa; |
108hr5139ih | (C) to protect urban and rural areas from devastating floods of the Missouri River; and (D) for other purposes; (2) the Angostura Unit— (A) is a component of the Pick-Sloan program; and (B) provides for— (i) irrigation of 12,218 acres of productive farm land in South Dakota; and (ii) substantial recreation and fish and wildlife benefits; (3) the Commissioner of Reclamation has determined that— (A) the national economic development benefits from irrigation at the Angostura Unit total approximately $3,410,000 annually; |
108hr5139ih | and (B) the national economic development benefits of recreation at Angostura Reservoir total approximately $7,100,000 annually; (4) the Angostura Unit impounds the Cheyenne River 20 miles upstream of the Pine Ridge Indian Reservation in South Dakota; (5) (A) the Reservation experiences extremely high rates of unemployment and poverty; and (B) there is a need for economic development on the Reservation; (6) the national economic development benefits of the Angostura Unit do not extend to the Reservation; |
108hr5139ih | (7) the Angostura Unit may be associated with negative affects on water quality and riparian vegetation in the Cheyenne River on the Reservation; (8) modernization of the irrigation facilities at the Angostura Unit would— (A) enhance the national economic development benefits of the Angostura Unit; and (B) result in improved water efficiency and environmental restoration benefits on the Reservation; and (9) the establishment of a trust fund for the Oglala Sioux Tribe would— (A) produce economic development benefits for the Reservation comparable to the benefits produced at the Angostura Unit; |
108hr5139ih | and (B) provide resources that are necessary for restoration of the Cheyenne River corridor on the Reservation. 3. Definitions
In this Act: (1) Angostura Unit
The term Angostura Unit means the irrigation unit of the Angostura irrigation project developed under the Act of August 11, 1939 ( 16 U.S.C. 590y et seq. ). (2) Fund
The term Fund means the Oglala Sioux Tribal Development Trust Fund established by section 201(a). |
108hr5139ih | (3) Pick-Sloan program
The term Pick-Sloan program means the Pick-Sloan Missouri River basin program approved under the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) ( 33 U.S.C. 701–1 et seq. ). (4) Plan
The term plan means the development plan developed by the Tribe under section 201(f). (5) Reservation
The term Reservation means the Pine Ridge Indian Reservation in the State. (6) Secretary
The term Secretary means the Secretary of the Interior. |
108hr5139ih | (7) Tribe
The term Tribe means the Oglala Sioux Tribe of South Dakota. (8) Tribal Council
The term Tribal Council means the governing body of the Tribe. 101. Modernization of facilities at Angostura Unit
(a) In general
The Secretary shall carry out the modernization and improvement of the facilities at the Angostura Unit as described in the Improved Efficiencies Alternative included in the report entitled Final Environmental Impact Statement, Angostura Unit Contract Negotiation and Water Management (August 2002). |
108hr5139ih | (b) Nonreimbursability
The cost of the modernization and improvement of the facilities at the Angostura Unit shall be carried out on a nonreimbursable basis. 102. Delivery of water to Pine Ridge Indian Reservation
The Secretary shall provide for the delivery of the water saved through the modernization and improvement of the facilities of the Angostura Unit to be used for fish and wildlife purposes and environmental restoration on the Reservation. 103. Authorization of appropriations
There is authorized to be appropriated to carry out section 101 $4,660,000, to remain available until expended. |
108hr5139ih | 201. Oglala Sioux Tribal Development Trust Fund
(a) Oglala Sioux Tribal Development Trust Fund
There is established in the Treasury of the United States a fund to be known as the Oglala Sioux Tribal Development Trust Fund , consisting of any amounts deposited in the Fund under this title. |
108hr5139ih | (b) Funding
On the first day of the 11th fiscal year that begins after the date of enactment of this Act, the Secretary of the Treasury shall, from the General Fund of the Treasury, deposit in the Fund— (1) $92,500,000; and (2) the amount that equals the amount of interest that would have accrued on the amount described in paragraph (1) if that amount had been invested in interest-bearing obligations of the United States on the first day of the first fiscal year that begins after the date of enactment of this Act and compounded annually thereafter. |
108hr5139ih | (c) Investment of trust Fund
(1) In general
The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. (2) Eligible obligations
Notwithstanding any other provision of law, the Secretary of the Treasury shall invest the amounts deposited under subsection (b) and the interest earned on those amounts only in interest-bearing obligations of the United States issued directly to the Fund. (3) Interest
The Secretary of the Treasury shall deposit interest resulting from such investments into the Fund. |
108hr5139ih | (d) Payment of interest to Tribe
(1) Withdrawal of interest
Beginning on the first day of the 11th fiscal year after the date of enactment of this Act and, on the first day of each fiscal year thereafter, the Secretary of the Treasury shall transfer the aggregate amount of interest deposited into the Fund for the fiscal year to the Secretary for use in accordance with paragraph (3). (2) Availability
Each amount transferred under paragraph (1) shall be available without fiscal year limitation. |
108hr5139ih | (3) Payments to Tribe
(A) In general
The Secretary shall use the amounts transferred under paragraph (1) only for the purpose of making payments to the Tribe, as such payments are requested by the Tribe pursuant to tribal resolution. (B) Limitation
Payments may be made by the Secretary of the Interior under subparagraph (A) only after the Tribe has adopted a plan under subsection (f). (C) Use of payments by Tribe
The Tribe shall use the payments made under subparagraph (B) only for carrying out projects and programs under the plan prepared under subsection (f). |
108hr5139ih | (e) Limitation on transfers and withdrawals
Except as provided in subsections (c) and (d)(1), the Secretary of the Treasury shall not transfer or withdraw any amount deposited under subsection (b). (f) Development plan
(1) In general
Not later than 18 months after the date of enactment of this Act, the governing body of the Tribe shall prepare a plan for the use of the payments to the Tribe under subsection (d). |
108hr5139ih | (2) Contents
The plan shall provide for the manner in which the Tribe shall expend payments to the Tribe under subsection (d) to promote— (A) economic development; (B) infrastructure development; (C) the educational, health, recreational, and social welfare objectives of the Tribe and members of the Tribe; or (D) any combination of the activities described in subparagraphs (A) through (C). |
108hr5139ih | (3) Plan review and revision
(A) In general
The Tribal Council shall make available for review and comment by the members of the Tribe a copy of the plan before the plan becomes final, in accordance with procedures established by the Tribal Council. (B) Updating of plan
(i) In general
The Tribal Council may, on an annual basis, revise the plan to update the plan. (ii) Review and comment
In revising the plan, the Tribal Council shall provide the members of the Tribe opportunity to review and comment on any proposed revision to the plan. |
108hr5139ih | (C) Consultation
In preparing the plan and any revisions to update the plan, the Tribal Council shall consult with the Secretary and the Secretary of Health and Human Services. (4) Audit
(A) In general
The activities of the Tribe in carrying out the plan shall be audited as part of the annual single-agency audit that the Tribe is required to prepare pursuant to the Office of Management and Budget circular numbered A–133. |
108hr5139ih | (B) Determination by auditors
The auditors that conduct the audit under subparagraph (A) shall— (i) determine whether funds received by the Tribe under this section for the period covered by the audit were expended to carry out the plan in a manner consistent with this section; and (ii) include in the written findings of the audit the determination made under clause (i). |
108hr5139ih | (C) Inclusion of findings with publication of proceedings of Tribal Council
A copy of the written findings of the audit described in subparagraph (A) shall be inserted in the published minutes of the Tribal Council proceedings for the session at which the audit is presented to the Tribal Council. (g) Prohibition of per capita payments
No portion of any payment made under this title may be distributed to any member of the Tribe on a per capita basis. 202. |
108hr5139ih | Eligibility of Tribe for certain programs and services
No payment made to the Tribe under this title shall result in the reduction or denial of any service or program with respect to which, under Federal law— (1) the Tribe is otherwise entitled because of the status of the Tribe as a federally recognized Indian tribe; or (2) any individual who is a member of the Tribe is entitled because of the status of the individual as a member of the Tribe. 203. Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to pay the administrative expenses of the Fund. 204. |
108hr5139ih | Water rights
Nothing in this Act— (1) (A) affects any rights, benefits, privileges or claims (including water rights or claims to water rights) of the Tribe, whether located within or without the external boundaries of the Reservation, based on treaty, Executive order, agreement, Act of Congress, aboriginal title, the Winters doctrine (Winters v. United States, 207 U.S. |
108hr5139ih | 564 (1908)), or otherwise; or (B) validates or invalidates any assertion of the existence, nonexistence or extinguishment of any water rights, or claims to water rights, held by the Tribe or any other Indian tribe or individual Indian under Federal or State law; or (2) affects any other water rights in existence on the date of enactment of this Act held by any person or entity. |
108hr4317ih | 1. Name of department of veterans affairs outpatient clinic, lufkin, texas
The Department of Veterans Affairs outpatient clinic located in Lufkin, Texas, shall after the date of the enactment of this Act be known and designated as the Charles Wilson Department of Veterans Affairs Outpatient Clinic. Any reference to such outpatient clinic in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Charles Wilson Department of Veterans Affairs Outpatient Clinic. |
108hr5374ih | 1. Dalip Singh Saund Post Office Building
(a) Designation
The facility of the United States Postal Service located at 30777 Rancho California Road in Temecula, California, shall be known and designated as the Dalip Singh Saund Post Office Building. (b) References
Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Dalip Singh Saund Post Office Building. |
108hr3884ih | 1. Designation
The Federal building and United States courthouse located at 615 East Houston Street in San Antonio, Texas, shall be known and designated as the Hipolito F. Garcia Federal Building and United States Courthouse. 2. References
Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building and United States courthouse referred to in section 1 shall be deemed to be a reference to the Hipolito F. Garcia Federal Building and United States Courthouse. |
108hr5231ih | 1. Short title; definitions
(a) Short Title
This Act may be cited as the Piedras Blancas Historic Light Station Outstanding Natural Area Act of 2004. (b) Definitions
For the purposes of this Act, the following definitions apply: (1) Secretary
The term Secretary means the Secretary of the Interior. (2) Light Station
The term Light Station means Piedras Blancas Light Station. (3) Public lands
The term public lands has the meaning stated in section 103(e) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. |
108hr5231ih | 1703(e) ). (4) Outstanding Natural Area
The term Outstanding Natural Area means the Piedras Blancas Historic Light Station Outstanding Natural Area established pursuant to section 3. 2. Findings
Congress finds as follows: (1) The publicly owned Piedras Blancas Light Station has nationally recognized historical structures that should be preserved for present and future generations. (2) The coastline adjacent to the Light Station is internationally recognized as having significant wildlife and marine habitat that provides critical information to research institutions throughout the world. |
108hr5231ih | (3) The Light Station tells an important story about California’s coastal prehistory and history in the context of the surrounding region and communities. (4) The coastal area surrounding the Light Station was traditionally used by Indian people, including the Chumash and Salinan Indian tribes. (5) The Light Station is historically associated with the nearby world-famous Hearst Castle (Hearst San Simeon State Historical Monument), now administered by the State of California. |
108hr5231ih | (6) The Light Station represents a model partnership where future management can be successfully accomplished among the Federal Government, the State of California, San Luis Obispo County, local communities, and private groups. (7) Piedras Blancas Historic Light Station Outstanding Natural Area would make a significant addition to the National Landscape Conservation System administered by the Department of the Interior’s Bureau of Land Management. |
108hr5231ih | (8) Statutory protection is needed for the Light Station and its surrounding Federal lands to ensure that it remains a part of our historic, cultural, and natural heritage and to be a source of inspiration for the people of the United States. 3. |
108hr5231ih | Designation of the piedras blancas historic light station outstanding natural area
(a) In General
In order to protect, conserve, and enhance for the benefit and enjoyment of present and future generations the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of certain lands in and around the Piedras Blancas Light Station, in San Luis Obispo County, California, while allowing certain recreational and research activities to continue, there is established, subject to valid existing rights, the Piedras Blancas Historic Light Station Outstanding Natural Area. |
108hr5231ih | (b) Maps and Legal Descriptions
The boundaries of the Outstanding Natural Area as those shown on the map entitled Piedras Blancas Historic Light Station: Outstanding Natural Area , dated May 5, 2004, which shall be on file and available for public inspection in the Office of the Director, Bureau of Land Management, United States Department of the Interior, and the State office of the Bureau of Land Management in the State of California. |
108hr5231ih | (c) Basis of Management
The Secretary shall manage the Outstanding Natural Area as part of the National Landscape Conservation System to protect the resources of the area, and shall allow only those uses that further the purposes for the establishment of the Outstanding Natural Area, the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ), and other applicable laws. (d) Withdrawal
Subject to valid existing rights, and in accordance with the existing withdrawal as set forth in Public Land Order 7501 (Oct. 12, 2001, Vol. 66, No. |
108hr5231ih | 198, Federal Register 52149), the Federal lands and interests in lands included within the Outstanding Natural Area are hereby withdrawn from— (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the public land mining laws; and (3) operation of the mineral leasing and geothermal leasing laws and the mineral materials laws. 4. |
108hr5231ih | Management of the piedras blancas historic light station outstanding natural area
(a) In general
The Secretary shall manage the Outstanding Natural Area in a manner that conserves, protects, and enhances the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of that area, including an emphasis on preserving and restoring the Light Station facilities, consistent with the requirements section 3(c). |
108hr5231ih | (b) Uses
Subject to valid existing rights, the Secretary shall only allow such uses of the Outstanding Natural Area as the Secretary finds are likely to further the purposes for which the Outstanding Natural Area is established as set forth in section 3(a). (c) Management plan
Not later than 3 years after of the date of the enactment of this Act, the Secretary shall complete a comprehensive management plan consistent with the requirements of section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. |
108hr5231ih | 1712 ) to provide long-term management guidance for the public lands within the Outstanding Natural Area and fulfill the purposes for which it is established, as set forth in section 3(a). The management plan shall be developed in consultation with appropriate Federal, State, and local government agencies, with full public participation, and the contents shall include— (1) provisions designed to ensure the protection of the resources and values described in section 3(a); (2) objectives to restore the historic Light Station and ancillary buildings; |
108hr5231ih | (3) an implementation plan for a continuing program of interpretation and public education about the Light Station and its importance to the surrounding community; (4) a proposal for minimal administrative and public facilities to be developed or improved at a level compatible with achieving the resources objectives for the Outstanding Natural Area as described in subsection (a) and with other proposed management activities to accommodate visitors and researchers to the Outstanding Natural Area; and (5) cultural resources management strategies for the Outstanding Natural Area, prepared in consultation with appropriate departments of the State of California, with emphasis on the preservation of the resources of the Outstanding Natural Area and the interpretive, education, |
108hr5231ih | and long-term scientific uses of the resources, giving priority to the enforcement of the Archaeological Resources Protection Act of 1979 ( 16 U.S.C. 470aa et seq. ) and the National Historic Preservation Act ( 16 U.S.C. 470 et seq. ) within the Outstanding Natural Area. |
108hr5231ih | (d) Cooperative agreements
In order to better implement the management plan and to continue the successful partnerships with the local communities and the Hearst San Simeon State Historical Monument, administered by the California Department of Parks and Recreation, the Secretary may enter into cooperative agreements with the appropriate Federal, State, and local agencies pursuant to section 307(b) of the Federal Land Management Policy and Management Act of 1976 ( 43 U.S.C. 1737(b) ). |
108hr5231ih | (e) Research activities
In order to continue the successful partnership with research organizations and agencies and to assist in the development and implementation of the management plan, the Secretary may authorize within the Outstanding Natural Area appropriate research activities for the purposes identified in section 3(a) and pursuant to section 307(a) of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1737(a) ). |
108hr5231ih | (f) Acquisition
State and privately held lands or interests in lands adjacent to the Outstanding Natural Area and identified as appropriate for acquisition in the management plan may be acquired by the Secretary as part of the Outstanding Natural Area only by— (1) donation; (2) exchange with a willing party; or (3) purchase from a willing seller. (g) Additions to the Outstanding Natural Area
Any lands or interest in lands adjacent to the Outstanding Natural Area acquired by the United States after the date of the enactment of this Act shall be added to and administered as part of the Outstanding Natural Area. |
108hr5231ih | (h) Overflights
Nothing in this Act or the management plan shall be construed to— (1) restrict or preclude overflights, including low level overflights, military, commercial, and general aviation overflights that can be seen or heard within the Outstanding Natural Area; (2) restrict or preclude the designation or creation of new units of special use airspace or the establishment of military flight training routes over the Outstanding Natural Area; or (3) modify regulations governing low-level overflights above the adjacent Monterey Bay National Marine Sanctuary. |
108hr5231ih | (i) Law enforcement activities
Nothing in this Act shall be construed to preclude or otherwise affect coastal border security operations or other law enforcement activities by the Coast Guard or other agencies within the Department of Homeland Security, the Department of Justice, or any other Federal, State, and local law enforcement agencies within the Outstanding Natural Area. (j) Native american uses and interests
In recognition of the past use of the Outstanding Natural Area by Indians and Indian tribes for traditional cultural and religious purposes, the Secretary shall ensure access to the Outstanding Natural Area by Indians and Indian tribes for such traditional cultural and religious purposes. |
108hr5231ih | In implementing this section, the Secretary, upon the request of an Indian tribe or Indian religious community, shall temporarily close to the general public use of one or more specific portions of the Outstanding Natural Area in order to protect the privacy of traditional cultural and religious activities in such areas by the Indian tribe or Indian religious community. Any such closure shall be made to affect the smallest practicable area for the minimum period necessary for such purposes. Such access shall be consistent with the purpose and intent of Public Law 95–341 ( 42 U.S.C. 1996 et seq. |
108hr5231ih | ; commonly referred to as the American Indian Religious Freedom Act ). (k) No buffer zones
The designation of the Outstanding Natural Area is not intended to lead to the creation of protective perimeters or buffer zones around area. The fact that activities outside the Outstanding Natural Area and not consistent with the purposes of this Act can be seen or heard within the Outstanding Natural Area shall not, of itself, preclude such activities or uses up to the boundary of the Outstanding Natural Area. 5. Authorization of appropriations
There are authorized to be appropriated such sums as are necessary to carry out this Act. |
108hr5117ih | 1. Short title
This Act may be cited as the Fortifying America’s Intellectual Property Rights (FAIR) Act. 2. Findings
The Congress finds as follows: (1) International markets are vital to intellectual property industries in the United States, providing a strong export base that sustains jobs in the United States. This sector of the United States economy is threatened due to widespread patent and trademark infringement and the unauthorized reproduction, distribution, and sale of copyrighted works created in the United States. |
108hr5117ih | (2) The United States is the world’s largest creator, producer, and exporter of copyrighted materials, accounting for more than 5 percent of the Gross Domestic Product (GDP) of the United States and adding billions of dollars to the United States economy annually. (3) International markets are vital to creative industries in the United States, providing a strong export base that sustains jobs in the United States. This sector of the United States economy is threatened due to widespread piracy—the unauthorized reproduction, distribution, and sale of works created in the United States. |
108hr5117ih | (4) Global piracy affecting the motion picture industry is estimated as amounting to $3,500,000,000 annually, not including illegal downloading. Globally, 2 in 5 music recordings are pirated copies, with annual world-wide sales of pirated music estimated at from $4,000,000,000 to $5,000,000,000. The software industry estimates losses of more than $13,000,000,000 in 2002 due to worldwide piracy. |
108hr5117ih | (5) The United States Trade Representative (USTR) has been charged with identifying countries that deny adequate and effective protection of intellectual property rights. The effective use of trade tools by the USTR, including the negotiation of bilateral free trade agreements, serves an essential role in protecting abroad the intellectual property rights of United States persons. (6) The Office of the USTR has more than 20 offices dedicated to specific areas of expertise, but does not include an office solely dedicated to the protection abroad of the intellectual property rights of United States persons. |
108hr5117ih | Currently, the Office of the Assistant United States Trade Representative for Services, Investment and Intellectual Property has a substantially large workload, given that services and investment account for more than 50 percent of the United States economy. (7) The USTR’s ability to meet its mandate to protect abroad the intellectual property rights of United States persons should be enhanced by establishing a separate office dedicated exclusively to intellectual property matters, headed by an Assistant United States Trade Representative for Intellectual Property Rights. The resources dedicated to securing high standards of protection in trade agreements and enforcing those provisions vigorously should likewise be enhanced. 3. Assistant U.S. |
108hr5117ih | Trade Representative for Intellectual Property Rights
Section 141(c) of the Trade Act of 1974 ( 19 U.S.C. 2171(c) ) is amended by adding at the end the following: (6) (A) There shall be in the Office the position of Assistant United States Trade Representative for Intellectual Property Rights. The Assistant United States Trade Representative for Intellectual Property Rights shall be appointed by the United States Trade Representative. |
108hr5117ih | (B) The Assistant United States Trade Representative for Intellectual Property Rights shall have primary responsibility for— (i) intellectual property matters relating to bilateral and multilateral trade agreements, including— (I) enforcement of, and any modifications to, the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 101(d)(15) of the Uruguay Round Agreements Act ( 19 U.S.C. |
108hr5117ih | 3511(d)(15) ); and (II) the negotiation and enforcement of intellectual property provisions of any other bilateral or multilateral trade agreement to which the United States is a party; (ii) the identification of countries under paragraphs (1) and (2) of section 182(a) of the Trade Act of 1974 ( 19 U.S.C. 2242(a)(1) and (2)), and any investigations under chapter 1 of title III of that Act ( 19 U.S.C. 2411 et seq. ) |
108hr5117ih | arising from such identification or other actions of a foreign country described in section 182(a)(1) of that Act; and (iii) monitoring the extent to which the trading partners of the United States protect and enforce intellectual property rights of United States persons. (C) At least 6 professional staff members shall be assigned to assist the Assistant United States Trade Representative for Intellectual Property Rights in carrying out his or her functions, of which 3 shall be assigned to matters relating to enforcement. |
108hr5117ih | (D) The Assistant United States Trade Representative should direct and coordinate all interagency activities, including in consultation with the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office and the Register of Copyrights, on trade-related intellectual property matters and serve as the primary contact in the executive branch for all matters described in subparagraph (B). (E) The Assistant United States Trade Representative for Intellectual Property Rights shall receive compensation at the rate of pay payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code.. 4. |
108hr5117ih | Construction
Nothing in this Act or the amendment made by this Act shall be construed to limit the powers and duties of the United States Patent and Trademark Office or the United States Copyright Office. |
108hr4158ih | 1. |
108hr4158ih | Conveyance of NOAA vessel WHITING
(a) In General
The Secretary of Commerce shall convey to the Government of Mexico, without consideration, all right, title, and interest of the United States in and to the National Oceanic and Atmospheric Administration vessel WHITING— (1) for use as a hydrographic survey platform in support of activities of the United States-Mexico Charting Advisors Committee; and (2) to enhance coordination and cooperation between the United States and Mexico regarding hydrographic surveying and nautical charting activities in the border waters of both countries in the Gulf of Mexico and in the Pacific Ocean. |
108hr4158ih | (b) Operation and maintenance
The Government of the United States shall not be responsible or liable for any remediation, maintenance, or operation of a vessel conveyed under this section after the date of the delivery of the vessel to the Government of Mexico. (c) Deadline
The Secretary shall seek to complete the conveyance by as soon as practicable after the date of the enactment of this Act. (d) Delivery of Vessel
The Secretary shall deliver the vessel WHITING pursuant to this section at the vessel’s homeport location of Norfolk, Virginia, at no additional cost to the United States. |
108hr5300ih | 1. Short title
This Act may be cited as the Servicemembers Anti-Predatory Lending Protection Act. 2. Terms of consumer credit extended to servicemember or servicemember’s dependent
(a) Terms of consumer credit
Title II of the Servicemembers Civil Relief Act (50 U.S.C. App. 521 et seq.) is amended by adding at the end the following new section: 208. |
108hr5300ih | Terms of consumer credit
(a) Interest
A creditor who extends consumer credit to a servicemember or a servicemember’s dependent shall not require the servicemember or the servicemember’s dependent to pay interest with respect to the extension of such credit, except as— (1) agreed to under the terms of the credit agreement or promissory note; (2) authorized by the applicable State law; and (3) not specifically prohibited by this section. |
108hr5300ih | (b) Annual percentage rate
A creditor described in subsection (a) shall not impose an annual percentage rate greater than 36 percent with respect to the consumer credit extended to a servicemember or a servicemember’s dependent. (c) Mandatory loan disclosures
(1) Information required
With respect to any extension of consumer credit to a servicemember or a servicemember’s dependent, a creditor shall provide to the servicemember or the servicemember’s dependent the following information in writing at or before the issuance of the credit: (A) A statement of the annual percentage rate applicable to the extension of credit. |
108hr5300ih | (B) Any disclosures required under the Truth in Lending Act ( 15 U.S.C. 1601 et seq. ). (C) A clear description of the payment obligations of the servicemember or the servicemember’s dependent, as applicable. (2) Terms
Such disclosures shall be presented in accordance with terms prescribed by the regulations issued by the Board of Governors of the Federal Reserve System to implement the Truth in Lending Act ( 15 U.S.C. 1601 et seq. ). |
108hr5300ih | (d) Limitation
A creditor described in subsection (a) shall not automatically renew, repay, refinance, or consolidate with the proceeds of other credit extended by the same creditor any consumer credit extended to a servicemember or a servicemember’s dependent without— (1) executing new loan documentation signed by the servicemember or the servicemember’s dependent, as applicable; and (2) providing the loan disclosures described in subsection (c) to the servicemember or the servicemember’s dependent. |
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