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108hr5300ih | (e) Preemption
Except as provided in subsection (f)(2), this section preempts any State or Federal law, rule, or regulation, including any State usury law, to the extent that such laws, rules, or regulations are inconsistent with this section, except that this section shall not preempt any such law, rule, or regulation that provides additional protection to a servicemember or a servicemember’s dependent. |
108hr5300ih | (f) Penalties
(1) Misdemeanor
Any creditor who knowingly violates this section shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both. (2) Preservation of other remedies
The remedies and rights provided under this section are in addition to and do not preclude any remedy otherwise available under law to the person claiming relief under this section, including any award for consequential and punitive damages. |
108hr5300ih | (g) Definition
For purposes of this section, the term interest includes service charges, renewal charges, fees, or any other charges (except bona fide insurance) with respect to the extension of consumer credit.. (b) Clerical amendment
The table of contents of the Servicemembers Civil Relief Act ( 50 U.S.C. App. 501 ) is amended by inserting after the item relating to section 207 the following new item: Sec. 208. Terms of consumer credit. 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. |
108hr5300ih | (e) Preemption
Except as provided in subsection (f)(2), this section preempts any State or Federal law, rule, or regulation, including any State usury law, to the extent that such laws, rules, or regulations are inconsistent with this section, except that this section shall not preempt any such law, rule, or regulation that provides additional protection to a servicemember or a servicemember’s dependent. |
108hr5300ih | (f) Penalties
(1) Misdemeanor
Any creditor who knowingly violates this section shall be fined as provided in title 18, United States Code, or imprisoned for not more than one year, or both. (2) Preservation of other remedies
The remedies and rights provided under this section are in addition to and do not preclude any remedy otherwise available under law to the person claiming relief under this section, including any award for consequential and punitive damages. |
108hr5300ih | (g) Definition
For purposes of this section, the term interest includes service charges, renewal charges, fees, or any other charges (except bona fide insurance) with respect to the extension of consumer credit. |
108hr3912ih | 1. Permanent resident status for Rafael Camacho, Rosa B. Camacho, and Rosa Camacho
(a) In general
Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Rafael Camacho, Rosa B. Camacho, and Rosa Camacho shall each be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident. |
108hr3912ih | (b) Adjustment of status
If Rafael Camacho, Rosa B. Camacho, or Rosa Camacho enters the United States before the filing deadline specified in subsection (c), he or she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act. |
108hr3912ih | (c) Deadline for application and payment of fees
Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act. |
108hr3912ih | (d) Reduction of immigrant visa number
Upon the granting of an immigrant visa or permanent residence to Rafael Camacho, Rosa B. Camacho, and Rosa Camacho, the Secretary of State shall instruct the proper officer to reduce by 3, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the aliens’ birth under section 202(e) of such Act. |
108hr3772ih | 1. Inclusion of Nelson County and Franklin County, Virginia, in the Appalachian region
Section 14102(a)(1)(L) of title 40, United States Code, is amended— (1) by inserting Franklin, after Floyd, ; and (2) by inserting Nelson, after Montgomery,. |
108hr4345ih | 1. Increase in, and annual indexing of, maximum amount of home loan guaranty for construction and purchase of homes
(a) Maximum loan guaranty based on 100 percent of the Freddie Mac conforming loan rate
Section 3703(a)(1) is amended by striking $60,000 each place it appears in subparagraphs (A)(i)(IV) and (B) and inserting the maximum guaranty amount (as defined in subparagraph (C)). |
108hr4345ih | (b) Definition
Such section is further amended by adding at the end the following new subparagraph: (C) In this paragraph, the term maximum guaranty amount means the dollar amount that is equal to 25 percent of the Freddie Mac conforming loan limit limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454(a)(2) ) for a single-family residence, as adjusted for the year involved.. |
108hr4705ih | 1. Short title
This Act may be cited as the Agricultural Assistance Act of 2004. 2. Definition of Secretary
In this Act, the term Secretary means the Secretary of Agriculture. 3. Crop disaster assistance
(a) Definitions
In this section: (1) Additional coverage
The term additional coverage has the meaning given the term in section 502(b) of the Federal Crop Insurance Act ( 7 U.S.C. 1502(b) ). |
108hr4705ih | (2) Insurable commodity
(A) In general
The term insurable commodity means an agricultural commodity for which the producers on a farm are eligible to obtain a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ). (B) Exclusion
The term insurable commodity does not include livestock. |
108hr4705ih | (3) Noninsurable commodity
The term noninsurable commodity means an eligible crop for which the producers on a farm are eligible to obtain assistance under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ). (b) Assistance available
The Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to make emergency financial assistance available to producers on a farm that have incurred qualifying losses for the 2004 crop of an agricultural commodity due to damaging weather or related condition, as determined by the Secretary. |
108hr4705ih | (c) Administration
(1) Use of former administrative authority
Except as provided in paragraph (2), the Secretary shall make assistance available under this section in the same manner as provided under section 815 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (as enacted into law by Public Law 106–387 ; 114 Stat. 1549A–55), including using the same loss thresholds for quantity and quality losses as were used in administering that section. |
108hr4705ih | (2) Payment rate
The payment rate for a crop for assistance provided under this section to the producers on a farm shall be calculated as follows: (A) If the producers obtained a policy or plan of insurance, including a catastrophic risk protection plan, for the crop under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ), 50 percent of the applicable price for the crop. (B) If a policy or plan of insurance, including a catastrophic risk protection plan, for the crop was not available to the producers under the Federal Crop Insurance Act ( 7 U.S.C. |
108hr4705ih | 1501 et seq. ), 50 percent of the applicable price for the crop. (C) Subject to subsections (d) and (e), if the producers did not obtain a policy or plan of insurance, including a catastrophic risk protection plan, available for the crop under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ), 40 percent of the applicable price for the crop. |
108hr4705ih | (d) Ineligibility for Assistance
Except as provided in subsection (e), the producers on a farm shall not be eligible for assistance under this section with respect to losses to an insurable commodity or noninsurable commodity if the producers on the farm— (1) in the case of an insurable commodity, did not obtain a policy or plan of insurance for the insurable commodity under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) |
108hr4705ih | for the crop incurring the losses; and (2) in the case of a noninsurable commodity, did not file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ) for the crop incurring the losses. |
108hr4705ih | (e) Contract waiver
The Secretary may waive subsection (d) with respect to the producers on a farm if the producers enter into a contract with the Secretary under which the producers agree— (1) in the case of an insurable commodity, to obtain a policy or plan of insurance under the Federal Crop Insurance Act ( 7 U.S.C. 1501 et seq. ) |
108hr4705ih | providing additional coverage for the insurable commodity for each of the next 2 crops; and (2) in the case of a noninsurable commodity, to file the required paperwork, and pay the administrative fee by the applicable State filing deadline, for the noninsurable commodity for each of the next 2 crops under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7333 ). |
108hr4705ih | (f) Effect of Violation
In the event of the violation of a contract under subsection (e) by a producer, the producer shall reimburse the Secretary for the full amount of the assistance provided to the producer under this section. 4. Livestock assistance
(a) Definitions
In this section: (1) Disaster county
The term disaster county means a county included in the geographic area covered by a qualifying natural disaster declaration for calendar year 2004. |
108hr4705ih | (2) Qualifying natural disaster declaration
The term qualifying natural disaster declaration means— (A) a natural disaster declared by the Secretary under section 321(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1961(a) ); or (B) a major disaster or emergency designated by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ). |
108hr4705ih | (b) Livestock assistance program
(1) Assistance available
(A) In general
Subject to subsection (c), the Secretary shall use such sums as are necessary of funds of the Commodity Credit Corporation to establish a program under which payments are made to livestock producers for losses in a disaster county. |
108hr4705ih | (B) Criteria
To carry out the program, the Secretary shall use the criteria established to carry out the 1999 Livestock Assistance Program, except that, in lieu of the gross revenue criteria used for the 1999 Livestock Assistance Program, the Secretary shall use the adjusted gross income limitation contained in section 1001D of the Food Security Act of 1985 (7 U.S.C. 1308-3a). |
108hr4705ih | (c) Relationship of livestock assistance programs
The amount of assistance that the producers would otherwise receive for a loss under the livestock assistance program shall be reduced by the amount of the assistance that the producers receive under any other livestock assistance program, as determined by the Secretary. 5. Funding
The Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out this Act, and such funds shall remain available to carry out this Act until expended. 6. Regulations
(a) In general
The Secretary may promulgate such regulations as are necessary to implement this Act. |
108hr4705ih | (b) Procedure
The promulgation of the regulations and administration of this Act shall be made without regard to— (1) the notice and comment provisions of section 553 of title 5, United States Code; (2) the Statement of Policy of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to notices of proposed rulemaking and public participation in rulemaking; and (3) chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ). |
108hr4705ih | (c) Congressional review of agency rulemaking
In carrying out this section, the Secretary shall use the authority provided under section 808 of title 5, United States Code. |
108hr4933ih | 1. Short title; Findings
(a) Short Title
This Act may be cited as the Mashpee Wampanoag Tribal Petition Act. (b) Findings
Congress finds the following: (1) The Mashpee Wampanoag Tribe is an American Indian tribe as recognized by the State of Massachusetts with a main land base consisting of 55 tribally owned acres in the town of Mashpee, Massachusetts, which is located near the southwestern end of Cape Cod. |
108hr4933ih | (2) On November 9, 1620, the Mashpee Wampanoag Tribe greeted 102 pilgrims from Plymouth, England, at what became known as Plymouth Rock. (3) After teaching the Pilgrims to survive and flourish in their new land, the Mashpee Wampanoag Tribe hosted the first Thanksgiving in 1621. (4) In 1685, King James II of England allotted 16,500 acres to the Mashpee Wampanoag Tribe. |
108hr4933ih | In 1835, an additional allotment of approximately 10,000 acres was granted to individual Mashpee Wampanoags by an act of the General Court of Massachusetts. (5) In 1976, the Mashpee Wampanoag Tribe submitted a petition for Federal recognition to the Secretary of the Interior. (6) In 1996, the Mashpee Wampanoag Tribe was placed on the Bureau of Indian Affairs’ ready, waiting for active consideration list. |
108hr4933ih | (7) In December 2001, a United States district court ruled that the Bureau of Indian Affairs unduly delayed the Mashpee Wampanoag Tribe’s Federal recognition petition and ordered the Bureau to reach an initial decision on recognition within six months. (8) Notwithstanding the order of the district court, the Mashpee Wampanoag Tribe still awaits a decision on Federal recognition 28 years after petitioning the Secretary of the Interior and 384 years after welcoming the Pilgrims at Plymouth Rock. 2. |
108hr4933ih | Prompt consideration of Mashpee Wampanoag Tribe petition requesting Federal recognition as an Indian tribe
(a) Time period for proposed finding
Not later than four months after the date of the enactment of this Act, the Assistant Secretary of the Interior for Indian Affairs shall publish a proposed finding with respect to the petition for Federal recognition as an Indian tribe by the Secretary of the Interior consistent with part 83 of title 25, Code of Federal Regulations, submitted by the Mashpee Wampanoag Tribe in 1976. |
108hr4933ih | (b) Time period for final determination
Not later than one year after the date of the enactment of this Act, the Assistant Secretary of the Interior for Indian Affairs shall publish a final determination with respect to the petition for Federal recognition described in subsection (a). |
108hr4933ih | (c) Number of members not a factor
The number of persons listed on the membership roll contained in the petition for Federal recognition described in subsection (a) shall not be taken into account in considering the petition, except that the Assistant Secretary of the Interior for Indian Affairs may review the eligibility of individual members or groups listed in the petition in accordance with the provisions of part 83 of title 25, Code of Federal Regulations. |
108hr4933ih | (d) Effect of failure to comply
If the Assistant Secretary of the Interior for Indian Affairs fails to publish the proposed finding required by subsection (a) or the final determination required by subsection (b) by the end of the time period required for the proposed finding or final determination by such subsections, the Mashpee Wampanoag Tribe may— (1) treat such failure as final agency action refusing to recognize the Mashpee Wampanoag Tribe as an Indian tribe; |
108hr4933ih | and (2) seek in United States district court a determination of whether the petitioner should be recognized as an Indian tribe in accordance with the criteria specified in section 83.7 of title 25, Code of Federal Regulations. |
108hr4933ih | (e) Review of adverse decision
If the final determination required by subsection (b) refuses to recognize the Mashpee Wampanoag Tribe as an Indian tribe, the Mashpee Wampanoag Tribe may seek, during the one-year period beginning on the date on which the final determination is published, a review of the determination in a United States district court notwithstanding the availability of other administrative remedies. 3. |
108hr4933ih | No delay for petitions awaiting active consideration
It is the sense of the Congress that the prompt review of the petition for Federal recognition described in section 2(a) will not unnecessarily delay the review of pending fully documented petitions for Federal recognition as an Indian tribe awaiting active consideration as of the date of the enactment of this Act. |
108hr4525ih | 1. Redesign of Half Dollar Coin to Commemorate Ronald Wilson Reagan
(a) Short Title
This Act may be cited as the Ronald Wilson Reagan Half Dollar Act. (b) Redesign of Half Dollar Coin
Section 5112(d) of title 31, United States Code, is amended by adding at the end the following new paragraph: (3) The obverse side of the half dollar shall have the likeness of Ronald Wilson Reagan.. |
108hr3785ih | 1. Everglades National Park land exchange
Section 102 of the Everglades National Park Protection and Expansion Act of 1989 ( 16 U.S.C. 410r–6 ) is amended by adding at the end the following: (h) Land exchange
(1) Definitions
In this subsection: (A) District
The term District means the South Florida Water Management District. (B) Federal land
The term Federal land means the approximately 1,054 acres of land located in the Rocky Glades area of the park and identified on the map as NPS Exchange Lands. |
108hr3785ih | (C) Map
The term map means the map entitled Boundary Modification for C–111 Project, Everglades National Park , numbered 160/80,007, and dated April 30, 2002. (D) Non-federal land
The term non-Federal land means the approximately 1,054 acres of District land located in the Southern Glades Wildlife and Environmental Area and identified on the map as South Florida Water Management District Exchange Lands. (2) Exchange
The Secretary shall convey to the District the fee title to the Federal land in exchange for the fee title to the non-Federal land. |
108hr3785ih | (3) Availability of map
The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (4) Use of Federal land
The Federal land conveyed to the District shall be used by the District compatible with the purposes of the C-111 project, including restoration of the Everglades natural system. (5) Boundary adjustment
On completion of the land exchange under paragraph (2), the Secretary shall modify the boundary of the park to reflect the exchange of the Federal land and non-Federal land.. |
108hr4909ih | 1. Short title
This Act may be cited as the Tools for Community Initiatives Act. 2. Establishment
There is established in the Executive Office of the President the Office of Faith-Based and Community Initiatives (hereafter referred to as the Office ). 3. Director
(a) Director
The head of the Office shall be the Director of the Office of Faith-Based and Community Initiatives, who shall be appointed by the President. |
108hr4909ih | (b) Pay of Director
Section 5314 of title 5, United States Code, is amended by inserting after the item relating to the Administrator of the Centers for Medicare & Medicaid Services the following new item: Director of the Office of Faith-Based and Community Initiatives.. (c) Interim Director
The individual serving as the Director of the Office of Faith-Based and Community Initiatives on the date of the enactment of this Act may serve as Interim Director until such time as a Director is appointed by the President in accordance with subsection (a). 4. |
108hr4909ih | Responsibilities
(a) In general
The Director shall encourage faith-based and community initiatives and work to eliminate improper Federal barriers so as to allow faith-based and community entities to compete for Federal funding to the fullest opportunity permitted by law. (b) Specific duties
In carrying out the responsibilities of the Office, the Director shall— (1) develop, lead, and coordinate policies with respect to faith-based and community initiatives; (2) support faith-based and community initiatives, especially those serving at-risk youth, ex-offenders, the homeless and hungry, substance abusers, those with HIV and AIDS, and welfare-to-work families; |
108hr4909ih | (3) work to expand the role of faith-based and community initiatives through executive action, legislation, regulation, and Federal and private funding; (4) ensure that the policy decisions made by the administration and the Federal Government are consistent with stated goals with respect to faith-based and community initiatives; (5) help to integrate policies affecting faith-based and other community organizations across the Federal Government; (6) coordinate public education activities designed to mobilize public support for faith-based and community initiatives by encouraging volunteerism, special projects, demonstration pilots, and public-private partnerships; (7) encourage private charitable giving to support faith-based and community initiatives; |
108hr4909ih | (8) advise the President on options and ideas to assist, strengthen, and replicate successful faith-based and community initiatives; (9) provide policy and legal education to State, local, and community policymakers and public officials seeking ways to support and encourage faith-based and community initiatives; (10) develop and implement strategic initiatives in keeping with policies that will strengthen families, communities, and the institutions of civil society; (11) showcase and herald innovative grassroots nonprofit organizations and civic initiatives; (12) work to eliminate unnecessary legislative and regulatory barriers which impede the efforts of faith-based and community initiatives to solve social problems; |
108hr4909ih | (13) monitor the implementation of policies with respect to faith-based and community initiatives by the Centers for Faith-Based and Community Initiatives established within certain departments and agencies of the Federal Government; and (14) work to establish high standards of excellence and accountability for faith-based and community initiatives. 5. Administration
(a) Officers
The President shall assign to the Office such officers in addition to the Director, if any, as the President, in consultation with the Director, considers appropriate to discharge the responsibilities of the Office. (b) Staff
The Director may appoint such employees as necessary to carry out the functions of the Office. |
108hr4909ih | (c) Resources
The President shall, in consultation with the Director, assign or allocate to the Office such resources, including funds and other resources, as the President considers appropriate in order to facilitate the discharge of the responsibilities of the Office. (d) Other departments and agencies
(1) Designated department or agency liaison
(A) In general
The head of each designated department or agency shall designate a liaison who shall be responsible for coordinating the activities of that department or agency with the Office. |
108hr4909ih | (B) Designated department or agency
For the purposes of this paragraph, designated department or agency means a department or agency of the Federal Government with a Center for Faith-Based and Community Initiatives, and shall include the following departments and agencies: (i) The Department of Education. (ii) The Department of Labor. (iii) The Department of Justice. (iv) The Department of Health and Human Services. (v) The Department of Housing and Urban Development. (vi) The Department of Agriculture. (vii) The Agency for International Development. (viii) The Department of Commerce. |
108hr4909ih | (ix) The Department of Veterans Affairs. (x) The Small Business Administration. (2) Obtaining official data
The Office may secure directly from any department or agency of the United States information necessary to enable it to carry out this Act. Upon request of the Director, the head of that department or agency shall furnish that information to the Office. |
108hr4777ih | 1. Short title
This Act may be cited as the Fuel Efficiency Fairness Act of 2004. 2. Repeal of phaseout of credit for qualified electric vehicles
(a) In general
Subsection (b) of section 30 of the Internal Revenue Code of 1986 is amended by striking paragraph (2) and by redesignating paragraph (3) as paragraph (2). (b) Effective date
The amendments made by this section shall apply to property placed in service after December 31, 2003. 3. |
108hr4777ih | Repeal of phaseout of deduction for clean-fuel vehicle property
(a) In general
Paragraph (1) of section 179A(b) of the Internal Revenue Code of 1986 is amended to read as follows: (1) Qualified clean-fuel vehicle property
The cost which may be taken into account under subsection (a)(1)(A) with respect to any motor vehicle shall not exceed— (A) in the case of a motor vehicle not described in subparagraph (B) or (C), $2,000, |
108hr4777ih | (B) in the case of any truck or van with a gross vehicle weight rating greater than 10,000 pounds but not greater than 26,000 pounds, $5,000, or (C) $50,000 in the case of— (i) a truck or van with a gross vehicle weight rating greater than 26,000 pounds, or (ii) any bus which has a seating capacity of at least 20 adults (not including the driver). (b) Effective date
The amendment made by this section shall apply to property placed in service after December 31, 2003. 4. |
108hr4777ih | Exception for hybrid vehicles from limitation on depreciation of certain luxury vehicles
(a) In general
Subparagraph (B) of section 280F(d)(5) of the Internal Revenue Code of 1986 is amended by striking and at the end of clause (ii), by striking the period at the end of clause (iii) and inserting , and , and by adding at the end the following new clause: (iv) any new qualified hybrid motor vehicle. |
108hr4777ih | (b) New qualified hybrid motor vehicle
Subsection (d) of section 280F of such Code is amended by adding at the end the following new paragraph: (11) New qualified hybrid motor vehicle
(A) The term qualified hybrid motor vehicle means a passenger automobile (determined without regard to paragraph (5)(B)(iv))— (i) which is acquired for use or lease by the taxpayer and not for resale, (ii) which is made by a manufacturer, (iii) which draws propulsion energy from— (I) an internal combustion or heat engine using combustible fuel, |
108hr4777ih | and (II) a rechargeable onboard energy storage system which operates at no less than 100 volts and which provides a percentage of maximum available power of at least 5 percent, (iv) which has received a certificate that such vehicle meets or exceeds the Bin 5 Tier II emission level established in regulations prescribed by the Administrator of the Environmental Protection Agency under section 202(i) of the Clean Air Act for that make and model year vehicle, and (v) which achieves at least 125 percent of the average 2002 model year city fuel economy in the vehicle inertia weight classes for the category of passenger automobile, light duty truck, |
108hr4777ih | or medium duty passenger vehicle (as defined and determined by the Environmental Protection Agency) to which it belongs. (B) Vehicle inertia weight classes
For purposes of subparagraph (A)(v), the vehicle inertial weight classes are— (i) 1,500 and 1,750 pounds (calculated based on the 1,750 pound weight class), (ii) 2,000 pounds, (iii) 2,250 pounds, (iv) 2,500 pounds, (v) 2,750 pounds, (vi) 3,000 pounds, (vii) 3,500 pounds, |
108hr4777ih | (viii) 4,000 pounds, (ix) 4,500 pounds, (x) 5,000 pounds, (xi) 5,500 pounds, and (xii) 6,000 pounds. (c) Effective date
The amendments made by this section shall apply to property placed in service after December 31, 2003. |
108hr4486ih | 1. Suspension of duty on Anisic Aldehyde
(a) In general
Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following: 9902.34.34 Anisic Aldehyde (CAS No. 123-11-5) (provided for in subheading 2912.49.10) Free No change No change On or before 12/31/2007. |
108hr4486ih | (b) Effective date
The amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. |
108hr4016ih | 1. Short title
This Act may be cited as the Allied Health Professions Reinvestment Act of 2004. 2. Findings
The Congress finds as follows: (1) The Bureau of the Census, the Institute of Medicine, the Bureau of Labor Statistics, and State hospital associations highlight the increased demand for acute and chronic health care services among both the general population and a rapidly growing aging portion of the population. (2) The calls for reduction in medical errors, increased patient safety, and increased quality of care have resulted in an amplified call for allied health professionals to provide health care services. |
108hr4016ih | (3) Several allied health professions are characterized by workforce shortages, declining enrollments in allied health education programs, or a combination of both factors, and hospital officials have reported vacancy rates in positions occupied by allied health professionals. 3. Definitions
Section 799B of the Public Health Service Act ( 42 U.S.C. |
108hr4016ih | 295p ) is amended— (1) by redesignating paragraphs (5) through (11) as paragraphs (6) through (12), respectively; and (2) by inserting after paragraph (4) the following: (5) Allied health profession
The term allied health profession means any profession practiced by an individual in his or her capacity as an allied health professional.. 4. Allied health professions
(a) Amendment
Title VII of the Public Health Service Act ( 42 U.S.C. 292 et seq. ) |
108hr4016ih | is amended— (1) by redesignating part F as part G; and (2) by adding after part E the following: F ALLIED HEALTH
780. Public service announcements
(a) In general
The Secretary shall develop and issue public service announcements that advertise and promote the allied health professions, highlight the advantages and rewards of allied health professions, and encourage individuals to enter the allied health professions. |
108hr4016ih | (b) Method
The public service announcements described in subsection (a) shall be broadcast through appropriate media outlets, including television or radio, and other methods approved by the Secretary in a manner intended to reach as wide and diverse an audience as possible. 780A. State and local public service announcements
(a) In general
The Secretary may award grants to eligible entities to support State and local advertising campaigns through appropriate media outlets to promote the allied health professions and highlight the advantages and rewards of the allied health professions. |
108hr4016ih | (b) Use of funds
An eligible entity that receives a grant under subsection (a) shall use funds received through such grant to acquire local television and radio time, place advertisements in local newspapers, or post information on billboards or on the Internet in a manner intended to reach as wide and diverse an audience as possible, in order to— (1) advertise and promote the allied health professions; (2) promote allied health professions education programs; (3) inform the public of financial assistance regarding such education programs; (4) highlight individuals in the community who are practicing allied health professions in order to recruit new allied health professionals; |
108hr4016ih | or (5) provide any other information to recruit individuals for the allied health professions. (c) Limitation
An eligible entity that receives a grant under subsection (a) shall not use funds received through such grant to advertise particular employment opportunities. |
108hr4016ih | (d) Eligible entity
For purposes of this section, the term eligible entity means an entity that is— (1) a professional, national, or State allied health association; (2) a State health care provider; or (3) an association of entities that are each a health care facility, an allied health education program, or an entity that provides similar services or serves a like function. 780B. |
108hr4016ih | Scholarship program
(a) In general
The Secretary may carry out a program of entering into contracts with eligible individuals under which such individuals agree to serve as allied health professionals for the period described in subsection (e) at a health care facility with a critical shortage of allied health professionals, in consideration of the Federal Government agreeing to provide to the individuals scholarships for the cost of tuition at schools of allied health in allied health professions curricula. |
108hr4016ih | (b) Eligible individuals
For purposes of this section, the term eligible individual means an individual who is enrolled or accepted for enrollment as a full-time or part-time student in a school of allied health. (c) Selection
In awarding scholarships under this section, the Secretary shall select a range of full-time and part-time students enrolled in a certificate, associate, bachelor’s, or graduate program. (d) Amount
The amount of a scholarship to an eligible individual under this section may not exceed $10,000 for any academic year. |
108hr4016ih | (e) Service requirement
(1) In general
The Secretary may not enter into a contract with an eligible individual under this section unless the individual agrees to serve as an allied health professional at a health care facility with a critical shortage of allied health professionals for a period of full-time service of not less than 1 year for each academic year for which the individual receives a scholarship under this section, or for a period of part-time service in accordance with paragraph (2). |
108hr4016ih | (2) Part-time service
An individual may complete the period of service described in paragraph (1) on a part-time basis if the individual has a written agreement that— (A) is entered into by the facility and the individual and is approved by the Secretary; and (B) provides that the period of obligated service will be extended so that the aggregate amount of service performed will equal the amount of service that would be performed through a period of full-time service described in paragraph (1). |
108hr4016ih | (f) Applicability of certain provisions
The provisions of subpart III of part D of title III shall, except as inconsistent with this section, apply to the program established in this section in the same manner and to the same extent as such provisions apply to the National Health Service Corps Scholarship Program established in such subpart. (g) Reports
Not later than 18 months after the date of the enactment of this section, and annually thereafter, the Secretary shall prepare and submit to the Congress a report describing the program carried out under this section, including statements regarding— (1) the number of enrollees, scholarships, |
108hr4016ih | and grant recipients; (2) the number of graduates; (3) the amount of scholarship payments made; (4) which educational institution the recipients attended; (5) the number and placement location of the scholarship recipients at health care facilities with a critical shortage of allied health professionals; (6) the default rate and actions required; (7) the amount of outstanding default funds of the scholarship program; (8) to the extent that it can be determined, the reason for the default; (9) the demographics of the individuals participating in the scholarship program; |
108hr4016ih | and (10) an evaluation of the overall costs and benefits of the program. 780C. |
108hr4016ih | Allied health professions education, practice, and retention grants
(a) Education priority areas
The Secretary may award grants to, and enter into contracts with, eligible entities for— (1) expanding the enrollment in allied health professions programs; (2) developing and implementing internship and residency programs to encourage mentoring and the development of specialties and training for new or emerging public health needs; (3) providing education in new technologies, including distance learning methodologies; or (4) developing grant awards to colleges and universities to promote development of bachelor’s, master’s, and doctoral degree programs for allied health professions faculty. |
108hr4016ih | (b) Practice priority areas
The Secretary may award grants to, and enter into contracts with, eligible entities for— (1) establishing or expanding allied health professions practice arrangements in noninstitutional settings to demonstrate methods to improve access to primary health care in medically underserved communities; (2) providing care for underserved populations and other high-risk groups and individuals with chronic conditions; (3) providing managed care, quality improvement, and other skills needed to practice in existing and emerging organized health care systems; or (4) developing cultural competencies among allied health professionals. |
108hr4016ih | (c) Retention priority areas
The Secretary may award grants to, and enter into contracts with, eligible entities to enhance the allied health professions workforce by initiating and maintaining allied health profession retention programs— (1) to promote career advancement for allied health professions personnel in a variety of training settings, including cross training or specialty training among diverse population groups; or (2) to assist individuals in obtaining education and training required to enter the allied health professions and advance within such professions, such as by providing career counseling and mentoring. |
108hr4016ih | (d) Other priority areas
The Secretary may award grants to, and enter into contracts with, eligible entities— (1) to study and advance the measurement of health outcomes relevant to the allied health professions; or (2) to address other issues that are of high priority to allied health professional education, practice, and retention, as determined by the Secretary. (e) Report
The Secretary shall submit to the Congress before the end of each fiscal year a report on the grants awarded and the contracts entered into under this section. |
108hr4016ih | Each such report shall identify the overall number of such grants and contracts and provide an explanation of why each such grant or contract will meet the priority need of the workforce. (f) Eligible entity
For purposes of this section, the term eligible entity includes a school of allied health, a health care facility, or a partnership of such a school and a facility. 780D. |
108hr4016ih | Comprehensive geriatric education
(a) Program authorized
The Secretary may award grants to eligible entities to develop and implement, in coordination with programs under section 753, programs and initiatives to train and educate allied health professionals in providing geriatric care for the elderly. |
108hr4016ih | (b) Use of funds
An eligible entity that receives a grant under subsection (a) shall use funds under such grant to— (1) provide training to allied health professionals who will provide geriatric care for the elderly; (2) disseminate curricula relating to the treatment of the health problems of elderly individuals; (3) train allied health professions faculty members in geriatrics; or (4) provide continuing education to allied health professionals who provide geriatric care. |
108hr4016ih | (c) Application
An eligible entity desiring a grant under subsection (a) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may reasonably require. (d) Eligible entity
For purposes of this section, the term eligible entity includes a school of allied health, a health care facility, or a partnership of such a program and facility. 780E. |
108hr4016ih | Allied health professions faculty loan program
(a) Establishment
The Secretary, acting through the Administrator of the Health Resources and Services Administration, may enter into an agreement with any institution of higher education for the establishment and operation of a student loan fund in accordance with this section, to increase the number of qualified allied health professions faculty. (b) Agreements
Each agreement entered into under this section shall— (1) provide for the establishment of a student loan fund by the institution of higher education involved; (2) provide for deposit in the fund of— (A) the Federal capital contributions to the fund; |
108hr4016ih | (B) an amount equal to not less than one-ninth of such Federal capital contributions, contributed by such institution; (C) collections of principal and interest on loans made from the fund; and (D) any other earnings of the fund; (3) provide that the fund will be used only for loans to students of the institution in accordance with subsection (c) and for costs of collection of such loans and interest thereon; (4) provide that loans may be made from such fund only to students pursuing a full-time course of study or, at the discretion of the Secretary, |
108hr4016ih | a part-time course of study in an allied health profession; and (5) contain such other provisions as are necessary to protect the financial interests of the United States. (c) Loan provisions
Loans from any student loan fund established by an institution of higher education pursuant to an agreement under this section shall be made to an individual on such terms and conditions as the institution may determine, except that— (1) such terms and conditions are subject to any conditions, limitations, and requirements prescribed by the Secretary; (2) in the case of any individual, |
108hr4016ih | the total of the loans for any academic year made by institutions of higher education from loan funds established pursuant to agreements under this section may not exceed $30,000, plus any amount determined by the Secretary on an annual basis to reflect inflation; (3) an amount up to 85 percent of any such loan (plus interest thereon) shall be canceled by the institution as follows: (A) upon completion by the individual of each of the first, second, and third year of full-time employment, required by the loan agreement entered into under this section, as a faculty member in a school of allied health, |
108hr4016ih | the institution shall cancel 20 percent of the principle of, and the interest on, the amount of such loan unpaid on the first day of such employment; and (B) upon completion by the individual of the fourth year of full-time employment, required by the loan agreement entered into under this section, as a faculty member in a school of allied health, the institution shall cancel 25 percent of the principle of, and the interest on, the amount of such loan unpaid on the first day of such employment; (4) such a loan may be used to pay the cost of tuition, fees, books, laboratory expenses, |
108hr4016ih | and other reasonable education expenses; (5) such a loan shall be repayable in equal or graduated periodic installments (with the right of the borrower to accelerate repayment) over the 10-year period that begins 9 months after the individual ceases to pursue a course of study at a school of allied health; and (6) such a loan shall— (A) beginning on the date that is 3 months after the individual ceases to pursue a course of study at a school of allied health, bear interest on the unpaid balance of the loan at the rate of 3 percent per annum; |
108hr4016ih | or (B) subject to subsection (e), if the institution determines that the individual will not complete such course of study or serve as a faculty member as required under the loan agreement under this section, bear interest on the unpaid balance of the loan at the prevailing market rate. (d) Payment of proportionate share
Where all or any part of a loan, or interest, is canceled under this section, the Secretary shall pay to the institution of higher education an amount equal to the school’s proportionate share of the canceled portion, as determined by the Secretary. |
108hr4016ih | (e) Review by secretary
At the request of the individual involved, the Secretary may review any determination by an institution of higher education under subsection (c)(6)(B). (f) Publication
The Secretary shall publish in the Federal Register the name of each institution of higher education participating in the allied health professions faculty loan program under this section. 780F. General provisions
(a) Definition
For purposes of this part: (1) The term health care facility has the meaning given to that term under section 801 and includes any health care facility of the Veterans Health Administration. |
108hr4016ih | (2) The term institution of higher education has the meaning given to that term in section 101 of the Higher Education Act of 1965. (b) Authorization of appropriations
To carry out this part, there is authorized to be appropriated $28,000,000 for each of fiscal years 2005 through 2009.. 780. Public service announcements
(a) In general
The Secretary shall develop and issue public service announcements that advertise and promote the allied health professions, highlight the advantages and rewards of allied health professions, and encourage individuals to enter the allied health professions. |
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