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108hr4205ih | (2) Rules
Rules similar to the rules of section 39 shall apply with respect to the credit carryforward under paragraph (1). (h) Special rules
Rules similar to the rules of paragraphs (4) and (5) of section 179A(e) shall apply. (i) Regulations
The Secretary shall prescribe such regulations as necessary to carry out the provisions of this section. (j) Termination
This section shall not apply to any property placed in service after December 31, 2013. |
108hr4205ih | (b) Conforming amendments
(1) Section 1016(a) of such Code is amended by striking and at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting , and , and by adding at the end the following new paragraph: (29) to the extent provided in section 30B(e). (2) Section 55(c)(2) of such Code is amended by inserting 30B(d), after 30(b)(3), |
108hr4205ih | (3) The table of sections for subpart B of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 30A the following new item: Sec. 30B. Hydrogen-powered vehicle refueling property credit. (c) Effective date
The amendments made by this section shall apply to property placed in service in taxable years beginning after the date of the enactment of this Act. 30B. |
108hr4205ih | Hydrogen-powered vehicle refueling property credit
(a) Credit allowed
There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to 50 percent of the amount paid or incurred by the taxpayer during the taxable year for the qualified hydrogen-powered vehicle refueling property and the installation thereof. (b) Year credit allowed
The credit allowed under subsection (a) shall be allowed in the taxable year in which the qualified hydrogen-powered vehicle refueling property is placed in service by the taxpayer. |
108hr4205ih | (c) Definition of qualified hydrogen-powered vehicle refueling property
The term qualified hydrogen-powered vehicle refueling property means any property (not including a building and its structural components) if— (1) such property is of a character subject to the allowance for depreciation, (2) the original use of such property begins with the taxpayer, and (3) such property is for the production, storage or dispensing of hydrogen fuel into the fuel tank of a motor vehicle propelled by such fuel. |
108hr4205ih | (d) Application with other credits
The credit allowed under subsection (a) for any taxable year shall not exceed the excess (if any) of— (1) the regular tax for the taxable year reduced by the sum of the credits allowable under subpart A and sections 27, 29, 30, and 30A, over (2) the tentative minimum tax for the taxable year. (e) Basis reduction
For purposes of this title, the basis of any property shall be reduced by the portion of the cost of such property taken into account under subsection (a). |
108hr4205ih | (f) No double benefit
No deduction shall be allowed under section 179A with respect to any property with respect to which a credit is allowed under subsection (a). (g) Carryforward allowed
(1) In general
If the credit amount allowable under subsection (a) for a taxable year exceeds the amount of the limitation under subsection (d) for such taxable year (referred to as the unused credit year in this subsection), such excess shall be allowed as a credit carryforward for each of the 20 taxable years following the unused credit year. |
108hr4205ih | (2) Rules
Rules similar to the rules of section 39 shall apply with respect to the credit carryforward under paragraph (1). (h) Special rules
Rules similar to the rules of paragraphs (4) and (5) of section 179A(e) shall apply. (i) Regulations
The Secretary shall prescribe such regulations as necessary to carry out the provisions of this section. (j) Termination
This section shall not apply to any property placed in service after December 31, 2013. |
108hr4167ih | 101. Authorization of Appropriations
Section 30104 of title 49, United States Code, is amended to read as follows: 30104. Authorization of Appropriations
There is authorized to be appropriated to the Secretary of Transportation $125,221,000 for the National Highway Traffic Safety Administration to carry out this part for fiscal year 2005, and such sums as may be necessary for fiscal years 2006 and 2007.. 30104. |
108hr4167ih | Authorization of Appropriations
There is authorized to be appropriated to the Secretary of Transportation $125,221,000 for the National Highway Traffic Safety Administration to carry out this part for fiscal year 2005, and such sums as may be necessary for fiscal years 2006 and 2007. 102. International Cooperation
(a) In general
Subchapter I of chapter 301 of title 49, United States Code, is amended by adding at the end the following: 30106. |
108hr4167ih | International Cooperation
The Secretary of Transportation may participate and cooperate in international activities to enhance motor vehicle and traffic safety through such means as exchanging information, conducting safety research, examining safety needs, best practices, new technology, and improvements in motor vehicle safety standards, and participating in the implementation of existing international agreements concerning motor vehicle safety to which the United States is a contracting partner.. (b) Clerical amendment
The table of sections for subchapter I of chapter 301 of title 49, United States Code is amended by adding at the end the following new item: 30106. International cooperation. 30106. |
108hr4167ih | International Cooperation
The Secretary of Transportation may participate and cooperate in international activities to enhance motor vehicle and traffic safety through such means as exchanging information, conducting safety research, examining safety needs, best practices, new technology, and improvements in motor vehicle safety standards, and participating in the implementation of existing international agreements concerning motor vehicle safety to which the United States is a contracting partner. 103. |
108hr4167ih | Certification labels
Section 30115(a) of title 49, United States Code, is amended by inserting at the end the following: A person shall not affix a certification label to a motor vehicle or item of motor vehicle equipment unless the person has either performed tests or otherwise documented the basis for certifying compliance with all applicable safety standards prescribed under this chapter, except that, in affixing the certification label or tag, a manufacturer that completes a vehicle after receiving compliance documentation from the manufacturer of the earlier stage of the vehicle may rely on such documentation in accordance with the regulations issued by the Secretary.. 104. |
108hr4167ih | Notification of noncompliance
Section 30118 of title 49, United States Code is amended in subsections (a), (b), and (c) by striking motor vehicle or replacement equipment each place it appears and inserting motor vehicle, original equipment, or replacement equipment. 105. Notification of and remedies for noncompliance
Section 30120 of title 49, United States Code, |
108hr4167ih | is amended by adding at the end the following: (k) Limitation on sale or lease of used motor vehicles
(1) A dealer may not sell a used motor vehicle for purposes other than resale or lease a used motor vehicle until the dealer informs the purchaser or lessee of any notification of a defect or noncompliance pursuant to section 30118(b) or (c) of this title with respect to a vehicle that has not been remedied, and either— (A) offers to have the defects or noncompliances remedied; |
108hr4167ih | or (B) gives the purchaser or lessee a written description of the defects or noncompliances, including all relevant information from any notification pursuant to section 30118(b) or (c) of this title, and reviews a written acknowledgment of the offer or description from the purchaser or lessee. (2) The requirements of paragraph (1) of this subsection shall apply after a period of time following issuance of notifications that the Secretary shall specify. The Secretary may extend this period with respect to particular notifications. |
108hr4167ih | (3) In this subsection, notwithstanding section 30102(a)(1) of this title— (A) dealer means a person who sold at least 10 motor vehicles during the prior 12 months to purchasers that in good faith purchased the vehicles other than for resale; and (B) used motor vehicle means a motor vehicle that has previously been purchased other than for resale. |
108hr4167ih | (4) Subject to regulations issued by the Secretary, a manufacturer of a motor vehicle shall establish and maintain an Internet-accessible record system that dealers of used motor vehicles and members of the public may access, without charge, to determine whether a particular vehicle manufactured by the manufacturer has been subject to any notification of a defect or noncompliance pursuant to section 30118(b) or (c) of this title that has not been remedied. |
108hr4167ih | If the Secretary determines that establishing and maintaining such an Internet-accessible record system is not practicable for certain classes of manufacturers, the Secretary may exempt such manufacturers from the requirements of this paragraph. |
108hr4167ih | (l) Limitation on operation by owners and lessors of school buses and vehicles used to transport passengers for compensation
(1) Subject to paragraphs (2) and (3), a person who owns or leases a school bus or a motor vehicle used to transport passengers for compensation and who receives a notice of a defect or noncompliance pursuant to section 30118(b) or (c) of this title may not operate the vehicle to which the notice applies as a school bus or for compensation until the defect or noncompliance is remedied as required by this section. |
108hr4167ih | (2) The requirements of paragraph (1) shall apply after a period of time following issuance of such notifications that the Secretary shall specify. The Secretary may extend this period with respect to particular notifications. (3) This subsection shall not apply to taxicabs, or to motor vehicles owned or operated by State or local governments.. 106. Nonuse of safety belt interlocks
(a) In general
Section 30124 of title 49 United States Code, is amended to read as follows: 30124. |
108hr4167ih | Nonuse of safety belt interlocks
A motor vehicle safety standard prescribed under this chapter may not require or allow a manufacturer to comply with the standard by using a safety belt interlock designed to prevent starting or operating a motor vehicle if an occupant is not using a safety belt.. (b) Clerical amendment
The table of sections for subchapter II of chapter 301 of title 49, United States Code is amended by amending the item related to section 30124 to read as follows: 30124. Nonuse of safety belt interlocks. 30124. |
108hr4167ih | Nonuse of safety belt interlocks
A motor vehicle safety standard prescribed under this chapter may not require or allow a manufacturer to comply with the standard by using a safety belt interlock designed to prevent starting or operating a motor vehicle if an occupant is not using a safety belt. 107. |
108hr4167ih | Research, testing, development, and training
Section 30168 of title 49, United States Code, is amended by adding at the end the following: (f) Safety initiative for alternate fuel vehicles
In addition to the authority provided under this section, the Secretary is authorized to expend $5,000,000 per year to conduct a safety research initiative for alternate fuel vehicles that includes risk assessment studies of hydrogen-fueled and other alternative-fuel vehicles, the development of test and evaluation procedures and performance criteria to assess the likelihood of potential failures that could indicate unsafe conditions, and the development of suitable countermeasures. |
108hr4167ih | In particular, such research initiative shall investigate the safety of the power train, the vehicle fuel container and delivery system, the onboard refueling system, and the full vehicle system performance of alternate fuel vehicles. (g) Safety initiative for driver assistance technologies
In addition to the authority provided under this section, the Secretary is authorized to expend $10,000,000 per year to conduct research into vehicle-based driver assistance technologies, and to develop appropriate performance standards and consumer education programs, to ensure that appropriate safety benefits are derived from these technologies. |
108hr4167ih | Such research shall include evaluations of crash avoidance technologies, such as electronic stability control, telematics, radar braking and other similar vehicle advances.. 201. Authorization of Appropriations
Section 32102 of title 49, United States Code, is amended to read as follows: 32102. Authorization of appropriations
There is authorized to be appropriated to the Secretary of Transportation $14,080,000 for the National Highway Traffic Safety Administration to carry out this part in fiscal year 2005, and such sums as may be necessary in fiscal years 2006 and 2007.. 32102. |
108hr4167ih | Authorization of appropriations
There is authorized to be appropriated to the Secretary of Transportation $14,080,000 for the National Highway Traffic Safety Administration to carry out this part in fiscal year 2005, and such sums as may be necessary in fiscal years 2006 and 2007. 202. Penalties and enforcement
Section 32709(a)(1) of title 49, United States Code, is amended— (1) by striking $2,000 and inserting $5,000 ; and (2) by striking $100,000 and inserting $1,000,000. 203. |
108hr4167ih | Civil actions by private person
Section 32710(a) of title 49, United States Code, is amended by striking $1,500 and inserting $10,000. 204. |
108hr4167ih | Definitions
(a) Crash avoidance
Section 32301 of title 49, United States Code, is amended by adding at the end the following: (3) crash avoidance means preventing a motor vehicle accident.. (b) Passenger motor vehicle information
Section 32302 of title 49, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2), by inserting and crash avoidance after crashworthiness ; and (B) by striking paragraph (4); and (2) by striking subsection (c). 205. |
108hr4167ih | Repeals
(a) In general
Sections 32303 and 33112 of title 49, United States Code, are repealed. (b) Clerical amendments
(1) The table of sections for chapter 323 of title 49, United States Code is amended by striking the item related to section 32303. (2) The table of sections for chapter 331 of title 49, United States Code is amended by striking the item related to section 33112. |
108hr4768ih | 1. Short title; references to title 38, United States Code
(a) Short title
This Act may be cited as the Veterans Medical Facilities Management Act of 2004. (b) References to title 38, United States Code
Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. 2. |
108hr4768ih | Major medical facility leases
(a) Authorized leases
The Secretary of Veterans Affairs may enter into contracts for major medical facility leases at the following locations, in an amount for each facility lease not to exceed the amount shown for that location: (1) Wilmington, North Carolina, Outpatient Clinic, $1,320,000. (2) Greenville, North Carolina, Outpatient Clinic, $1,220,000. (3) Norfolk, Virginia, Outpatient Clinic, $1,250,000. (4) Summerfield, Florida, Marion County Outpatient Clinic, $1,230,000. |
108hr4768ih | (5) Knoxville, Tennessee, Outpatient Clinic, $850,000. (6) Toledo, Ohio, Outpatient Clinic, $1,200,000. (7) Crown Point, Indiana, Outpatient Clinic, $850,000. (8) Fort Worth, Texas, Tarrant County Outpatient Clinic, $3,900,000. (9) Plano, Texas, Collin County Outpatient Clinic, $3,300,000. (10) San Antonio, Texas, Northeast Central Bexar County Outpatient Clinic, $1,400,000. |
108hr4768ih | (11) Corpus Christi, Texas, Outpatient Clinic, $1,200,000. (12) Harlington, Texas, Outpatient Clinic, $650,000. (13) Denver, Colorado, Health Administration Center, $1,950,000. (14) Oakland, California, Outpatient Clinic, $1,700,000. (15) San Diego, California, North County Outpatient Clinic, $1,300,000. (16) San Diego, California, South County, Outpatient Clinic, $1,100,000. |
108hr4768ih | (b) Authorization of appropriations
There is authorized to be appropriated to the Secretary of Veterans Affairs for fiscal year 2005 for the Medical Care account, $24,420,000 for the leases authorized in subsection (a). (c) Authority for lease of certain lands of University of Colorado
Notwithstanding section 8103 of title 38, United States Code, the Secretary of Veterans Affairs may enter into a lease for real property located at the Fitzsimons Campus of the University of Colorado for a period up to 75 years. 3. |
108hr4768ih | Department of Veterans Affairs Capital Asset Fund
(a) Establishment of fund
(1) Subchapter I of chapter 81 is amended by adding at the end the following new section: 8117. Authority for transfer of real property; Capital Asset Fund
(a) (1) The Secretary may transfer real property under the jurisdiction or control of the Secretary (including structures and equipment associated therewith) to another department or agency of the United States or to a State (or a political subdivision of a State) or to any public or private entity, including an Indian tribe. |
108hr4768ih | Such a transfer may be made only if the Secretary receives compensation of not less than the fair market value of the property, except that no compensation is required, or compensation at less than fair market value may be accepted, in the case of a transfer to a grant and per diem provider (as defined in section 2002 of this title). |
108hr4768ih | When a transfer is made to a grant and per diem provider for less than fair market value, the Secretary shall require in the terms of the conveyance that if the property transferred is used for any purpose other than a purpose under chapter 20 of this title, all right, title, and interest to the property shall revert to the United States. (2) The Secretary may exercise the authority provided by this section notwithstanding sections 521, 522 and 541–545 of title 40. Any such transfer shall be in accordance with this section and section 8122 of this title. |
108hr4768ih | (3) The authority provided by this section may not be used in a case to which section 8164 of this title applies. (4) The Secretary may enter into partnerships or agreements with public or private entities dedicated to historic preservation to facilitate the transfer, leasing, or adaptive use of structures or properties specified in subsection (b)(3)(D). (5) The authority of the Secretary under paragraph (1) expires on the date that is seven years after the date of the enactment of this section. |
108hr4768ih | (b) (1) There is established in the Treasury of the United States a revolving fund to be known as the Department of Veterans Affairs Capital Asset Fund (hereinafter in this section referred to as the Fund ). Amounts in the Fund shall remain available until expended. (2) Proceeds from the transfer of real property under this section shall be deposited into the Fund. |
108hr4768ih | (3) To the extent provided in advance in appropriations Acts, amounts in the Fund may be expended for the following purposes: (A) Costs associated with the transfer of real property under this section, including costs of demolition, environmental remediation, maintenance and repair, improvements to facilitate the transfer, and administrative expenses. (B) Costs, including costs specified in subparagraph (A), associated with future transfers of property under this section. |
108hr4768ih | (C) Costs associated with enhancing medical care services to veterans by improving, renovating, replacing, updating, and establishing patient care facilities through construction projects to be carried out for an amount less than the amount specified in 8104(a)(3)(A) for a major medical facility project. (D) Costs, including costs specified in subparagraph (A), associated with the transfer, lease or adaptive use of a structure or other property under the jurisdiction of the Secretary that is listed on the National Register of Historic Places. |
108hr4768ih | (c) The Secretary shall include in the budget justification materials submitted to Congress for any fiscal year in support of the President’s budget for that year for the Department specification of the following: (1) The real property transfers to be undertaken in accordance with this section during that fiscal year. (2) All transfers completed under this section during the preceding fiscal year and completed and scheduled to be completed during the year during which the budget is submitted. |
108hr4768ih | (3) The deposits into, and expenditures from, the Fund that are incurred or projected for each of the preceding fiscal year, the current fiscal year, and the fiscal year covered by the budget.. (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 8116 the following new item: 8117. Authority for transfer of real property; Capital Asset Fund. |
108hr4768ih | (b) Initial authorization of appropriations
There is authorized to be appropriated to the Department of Veterans Affairs Capital Asset Fund established under section 8117 of title 38, United States Code (as added by subsection (a)), the amount of $10,000,000. (c) Termination of nursing home revolving fund
(1) Section 8116 is repealed. (2) The table of sections at the beginning of chapter 81 is amended by striking the item relating to section 8116. |
108hr4768ih | (d) Transfer of unobligated balances to capital asset fund
Any unobligated balances in the nursing home revolving fund under section 8116 of title 38, United States Code, as of the date of the enactment of this Act shall be deposited in the Department of Veterans Affairs Capital Asset Fund established under section 8117 of title 38, United States Code (as added by subsection (a)). (e) Procedures applicable to transfers
(1) Paragraph (2) of section 8122(a) is amended to read as follows: (2) Except as provided in paragraph (3), |
108hr4768ih | the Secretary may not during any fiscal year transfer to any other department or agency of the United States or to any other entity real property that is owned by the United States and administered by the Secretary unless the proposed transfer is described in the budget submitted to Congress pursuant to section 1105 of title 31 for that fiscal year. (2) Section 8122(d) is amended— (A) by inserting “(1)” before “Real property”; and (B) by adding at the end the following new paragraph: (2) The Secretary may transfer real property under this section, |
108hr4768ih | or under section 8117 of this title if the Secretary— (A) places a notice in the real estate section of local newspapers and in the Federal Register of the Secretary’s intent to transfer that real property (including land, structures, and equipment associated with the property); (B) holds a public hearing; (C) provides notice to the Administrator of General Services of the Secretary’s intention to transfer that real property and waits for 30 days to elapse after providing that notice; and (D) after such 30-day period has elapsed, |
108hr4768ih | notifies the congressional veterans’ affairs committees of the Secretary’s intention to dispose of the property and waits for 60 days to elapse from the date of that notice. (3) Section 8164(a) is amended by inserting 8117 or after rather than under section. (4) Section 8165(a)(2) is amended by striking “nursing home revolving fund” and inserting “Capital Asset Fund established under section 8117 of this title.”. |
108hr4768ih | (f) Contingent effectiveness
The amendments made by this section shall take effect at the end of the 30-day period beginning on the date on which the Secretary of Veterans Affairs certifies to Congress that the Secretary is in compliance with subsection (b) of section 1710B of title 38, United States Code. Such certification shall demonstrate a plan for, and commitment to, ongoing compliance with the requirements of that subsection. |
108hr4768ih | (g) Continuing reports
Following a certification under subsection (f), the Secretary shall submit to Congress an update on that certification every six months until the certification is included in the Department's annual budget submission. 8117. Authority for transfer of real property; Capital Asset Fund
(a) (1) The Secretary may transfer real property under the jurisdiction or control of the Secretary (including structures and equipment associated therewith) to another department or agency of the United States or to a State (or a political subdivision of a State) or to any public or private entity, including an Indian tribe. |
108hr4768ih | Such a transfer may be made only if the Secretary receives compensation of not less than the fair market value of the property, except that no compensation is required, or compensation at less than fair market value may be accepted, in the case of a transfer to a grant and per diem provider (as defined in section 2002 of this title). |
108hr4768ih | When a transfer is made to a grant and per diem provider for less than fair market value, the Secretary shall require in the terms of the conveyance that if the property transferred is used for any purpose other than a purpose under chapter 20 of this title, all right, title, and interest to the property shall revert to the United States. (2) The Secretary may exercise the authority provided by this section notwithstanding sections 521, 522 and 541–545 of title 40. Any such transfer shall be in accordance with this section and section 8122 of this title. |
108hr4768ih | (3) The authority provided by this section may not be used in a case to which section 8164 of this title applies. (4) The Secretary may enter into partnerships or agreements with public or private entities dedicated to historic preservation to facilitate the transfer, leasing, or adaptive use of structures or properties specified in subsection (b)(3)(D). (5) The authority of the Secretary under paragraph (1) expires on the date that is seven years after the date of the enactment of this section. |
108hr4768ih | (b) (1) There is established in the Treasury of the United States a revolving fund to be known as the Department of Veterans Affairs Capital Asset Fund (hereinafter in this section referred to as the Fund ). Amounts in the Fund shall remain available until expended. (2) Proceeds from the transfer of real property under this section shall be deposited into the Fund. |
108hr4768ih | (3) To the extent provided in advance in appropriations Acts, amounts in the Fund may be expended for the following purposes: (A) Costs associated with the transfer of real property under this section, including costs of demolition, environmental remediation, maintenance and repair, improvements to facilitate the transfer, and administrative expenses. (B) Costs, including costs specified in subparagraph (A), associated with future transfers of property under this section. |
108hr4768ih | (C) Costs associated with enhancing medical care services to veterans by improving, renovating, replacing, updating, and establishing patient care facilities through construction projects to be carried out for an amount less than the amount specified in 8104(a)(3)(A) for a major medical facility project. (D) Costs, including costs specified in subparagraph (A), associated with the transfer, lease or adaptive use of a structure or other property under the jurisdiction of the Secretary that is listed on the National Register of Historic Places. |
108hr4768ih | (c) The Secretary shall include in the budget justification materials submitted to Congress for any fiscal year in support of the President’s budget for that year for the Department specification of the following: (1) The real property transfers to be undertaken in accordance with this section during that fiscal year. (2) All transfers completed under this section during the preceding fiscal year and completed and scheduled to be completed during the year during which the budget is submitted. |
108hr4768ih | (3) The deposits into, and expenditures from, the Fund that are incurred or projected for each of the preceding fiscal year, the current fiscal year, and the fiscal year covered by the budget. 4. Annual report to Congress on inventory of Department of Veterans Affairs historic properties
(a) In general
Not later than December 15 of 2005, 2006, and 2007, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the historic properties administered or controlled by the Secretary. |
108hr4768ih | (b) Initial report
In the initial report under subsection (a), the Secretary shall set forth a complete inventory of the historic structures and property under the jurisdiction of the Secretary. The report shall include a description and classification of each such property based upon historical nature, current physical condition, and potential for transfer, leasing, or adaptive use. (c) Subsequent reports
In reports under subsection (a) after the initial report, the Secretary shall provide an update of the status of each property identified in the initial report, with the proposed and actual disposition of each property. |
108hr4768ih | Each such report shall include any recommendation of the Secretary for legislation to enhance the transfer, leasing or adaptive use of such properties. 5. Authority to use project funds to construct or relocate surface parking incidental to a construction or nonrecurring maintenance project
Section 8109 is amended by adding at the end the following new subsection: (j) Funds in a construction account or capital account that are available for a construction project or a nonrecurring maintenance project may be used for the construction or relocation of a surface parking lot incidental to that project.. 6. |
108hr4768ih | Inapplicability of limitation on use of advance planning funds to authorized major medical facility projects
Section 8104 is amended by adding at the end the following new subsection: (g) The limitation in subsection (f) does not apply to a project for which funds have been authorized by law in accordance with subsection (a)(2).. 7. Improvement in enhanced-use lease authorities
Section 8166(a) is amended by inserting land use, in the second sentence after relating to. 8. |
108hr4768ih | Extension of authority to provide care under long-term care pilot programs
Subsection (h) of section 102 of the Veterans Millennium Health Care and Benefits Act ( 38 U.S.C. |
108hr4768ih | 1710B note) is amended— (1) by inserting (1) before The authority of ; and (2) by adding at the end the following new paragraph: (2) In the case of a veteran who is participating in a pilot program under this section as of the end of the three-year period applicable to that pilot program under paragraph (1), the Secretary may continue to provide to that veteran any of the services that could be provided under the pilot program. |
108hr4768ih | The authority to provide services to any veteran under the preceding sentence applies during the period beginning on the date specified in paragraph (1) with respect to that pilot program and ending on December 31, 2005.. |
108hr5280ih | 1. Suspension of duty on Basic yellow 94
(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 new heading: 9902.32.03 Basic yellow 94 (CAS No. |
108hr5280ih | 149982-45-6) (provided for in subheading 3204.13.60) Free No Change No Change On or before 12/31/2007 (b) Effective Date
The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act. |
108hr4700ih | 1. SHORT TITLE
This Act may be cited as the White River National Forest Improvement Act of 2004. 2. Administrative sites conveyance authority, White River National Forest, Colorado
(a) Findings
The Congress finds the following: (1) The White River National Forest in Colorado (in this section referred to as the Forest ) is one of the most visited recreation forests in the United States, but the administrative facilities of the Forest have become outdated and prohibitively expensive to operate and maintain. |
108hr4700ih | (2) The recently completed facility master plan for the Forest, entitled Facility Master Plan, White River National Forest and dated March 2003, including Appendix 3 of the plan, entitled Baseline Analysis and Strategic Recommendations (in this section referred to as the Facility Master Plan and Appendix 3 ), provides an excellent model for solving the facilities needs of the Forest so as to better serve the public and otherwise fulfill the mission of the Forest. |
108hr4700ih | (b) Special conveyance authority
(1) Authority provided
The Secretary of Agriculture is authorized to sell, lease, exchange or otherwise convey, under such terms and conditions as the Secretary may prescribe, any or all right, title, and interest of the United States in and to the following parcels of real property, including improvements thereon, within the Forest, as identified for disposal in the Facility Master Plan and Appendix 3: (A) Parcel A
Shop/Barracks/Residential Compound, 10.9 acres, more or less. (B) Parcel B
Eagle D.O. |
108hr4700ih | and dwelling unit, 0.3 acres, more or less. (C) Parcel C
Eagle Shop/Pasture compound, 8.0 acres, more or less. (D) Parcel D
Washington Street Residence, 0.2 acres, more or less. (E) Parcel E
Holy Cross D.O. (Dowd Junction), 10 acres, more or less. (F) Parcel F
Martin Property, 11.7 acres, more or less. (G) Parcel G
Bone Yard/Storage Area, 5 acres, more or less. |
108hr4700ih | (H) Parcel H
Housing Compound, 7 acres, more or less. (I) Parcel I
Cross Creek Parcel, 10 acres, more or less. (J) Parcel J
Dwelling 355 Fairway, 0.2 acres, more or less. (K) Parcel K
Dwelling 236 Fairway, 0.2 acres, more or less. (L) Parcel L
Sopris D.O. (Site #300), 1.2 acres, more or less. |
108hr4700ih | (M) Parcel M
Sopris Pasture (Site #380), 11 acres, more or less. (N) Parcel N
Old Tree Nursery (Site #360), 29 acres, more or less. (O) Parcel O
SO Shop (Site #610), 0.66 acres, more or less. (P) Parcel P
Airport Site, 4.0 acres, more or less. |
108hr4700ih | (2) Inclusion of additional parcels
The Secretary may use the authority provided by this section to convey other real property in the Forest that is excess or extraneous to the needs of the Forest Service and is used predominantly for administrative purposes. The Secretary may include the approximately 3.0 acre administrative parcel in Aspen, Colorado, but the Secretary may only convey that parcel by lease or other contractual arrangement so that the United States retains fee ownership of the parcel. |
108hr4700ih | (3) Descriptions
The Secretary may modify the description of a parcel of real property referred to in paragraph (1) to correct errors or to reconfigure the parcel to facilitate a conveyance. (c) Consideration
(1) Acceptance and forms
As consideration for the conveyance of real property under this section, the Secretary of Agriculture may accept cash, land, improvements, operational and maintenance services related to the administrative facilities of the Forest, or a combination thereof. |
108hr4700ih | (2) Use
Subject to subsection (e), the Secretary shall utilize the parcels of real property referred to in subsection (b)(1) and the consideration received under this subsection in connection with implementing the financial arrangements, including public/private partnership transactions and full solution transactional packages, described in the Facility Master Plan and Appendix 3. The Secretary may modify the details of the Facility Master Plan and Appendix 3 consistent with the goal of solving the facilities needs of the Forest so as to better serve the public and otherwise fulfill the mission of the Forest. |
108hr4700ih | (3) Valuation
Any appraisal of real property considered necessary or desirable by the Secretary to carry out a conveyance under this section shall conform to the Uniform Appraisal Standards for Federal Land Acquisitions. (4) Cash equalization
Notwithstanding any other provision of law, the Secretary may accept a cash equalization payment in excess of 25 percent of the value of any real property conveyed under this section by exchange. |
108hr4700ih | (d) Methods and manner of conveyance
(1) Solicitations of offers
The Secretary of Agriculture may— (A) solicit offers for the sale, lease, exchange, or other conveyance of parcels of real property under this section on such terms and conditions as the Secretary may prescribe; and (B) reject any offer that the Secretary determines is not adequate or not in the public interest. |
108hr4700ih | (2) Use of competitive methods
The Secretary shall convey a parcel of real property under this section utilizing competitive processes, including competitive solicitation by auction, bid, or otherwise, except insofar as the Secretary determines that other procedures are required to facilitate the conveyance of the parcel. (3) Use of brokers
The Secretary may utilize brokers or other third parties in the conveyance of real property under this section and, from the proceeds of the conveyance, may pay reasonable commissions or fees for services rendered. |
108hr4700ih | (e) Treatment of receipts
(1) Deposit in sisk act fund
The Secretary of Agriculture shall deposit the net receipts of a conveyance under this section in the fund established by Public Law 90–171 (commonly known as the Sisk Act ; 16 U.S.C. 484a ). |
108hr4700ih | (2) Relation to other forest receipts
The receipts from a conveyance under this section shall not be paid or distributed to the State of Colorado or any county in the State under any provision of law or otherwise be considered as moneys received from the National Forest System for purposes of the Act of May 23, 1908, or the Act of March 1, 1911 ( 16 U.S.C. 500 ), or the Act of March 4, 1913 ( 16 U.S.C. 501 ). |
108hr4700ih | (3) Use of receipts
Amounts deposited pursuant to paragraph (1) shall be available to the Secretary for expenditure, without further appropriation, for the acquisition, construction, operation, and maintenance of administrative improvements in the Forest, including provisions for employee housing, in connection with implementing the financial arrangements, including public/private partnership transactions and full solution transactional packages, described in the Facility Master Plan and Appendix 3, subject to such modifications of the Facility Master Plan and Appendix 3 as the Secretary may make under subsection (c). |
108hr4700ih | (f) Miscellaneous provisions
(1) Withdrawal
Subject to valid existing rights, the parcels of real property referred to in subsection (b)(1) are withdrawn from location, entry, and patent under the mining laws of the United States. (2) Inapplicable Authorities
Subchapters II and III of chapter 5 of title 40, United States Code, and the Agriculture Property Management Regulations shall not apply to any action taken pursuant to this section. (g) Authorization for Appropriations
There are authorized to be appropriated such sums as are necessary to carry out this section. |
108hr4044ih | 1. Addition of California Route 99 to the National Highway System
Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2032; 112 Stat. 191; 118 Stat. 293) is amended by adding at the end the following new paragraph: (46) The California Farm-to-Market Corridor. California State Route 99 from south of Bakersfield to Sacramento, California.. |
108hr5017ih | 1. Certain capers
(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 new heading: 9902.20.02 Capers, prepared or preserved by vinegar or acetic acid, in containers holding 3.4 kg or less (provided for in subheading 2001.90.20) Free No change No change On or before 12/31/2007. |
108hr5017ih | (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. |
108hr5021ih | 1. Certain pepperoncini prepared or preserved otherwise than by vinegar or acetic acid in concentrations less than.5%
(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 new heading: 9902.20.07 Pepperoncini, prepared or preserved otherwise than by vinegar or acetic acid in concentrations less than.5% (provided for in subheading 2005.90.97) Free No change No change On or before 12/31/2007. |
108hr5021ih | (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. |
108hr5431ih | 1. Short title
This Act may be cited as the Oil Spill Prevention and Liability Act of 2004. 2. Definition of responsible party
Section 1001(32) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2701(32) ) is amended by striking subparagraph (A) and inserting the following: (A) Vessels
(i) In general
In the case of a vessel other than a single-hull tank vessel, any person that owns, operates, or demise charters the vessel. |
108hr5431ih | (ii) Single-hull tank vessels
In the case of a single-hull tank vessel, any person that— (I) owns, operates, or demise charters the vessel; or (II) by contract or agreement, through an agent, or otherwise, arranges for the shipment in a single-hull tank vessel of oil owned or possessed by the person or any other person.. 3. Limits on liability
(a) Increase in liability limits
Section 1004(a) of the Oil Pollution Act of 1990 ( 33 U.S.C. |
108hr5431ih | 2704(a) ) is amended— (1) in paragraph (1)— (A) by striking for a tank vessel, the greater of— and inserting for a double-hull tank vessel, after December 31, 2004, the greater of— ; (B) in subparagraph (A), by striking $1,200 and inserting $2,400 ; and (C) in subparagraph (B)— (i) in clause (i), by striking $10,000,000 and inserting $20,000,000 ; and (ii) in clause (ii), by striking $2,000, |
108hr5431ih | 000 and inserting $4,000,000 ; (2) by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), respectively; (3) by inserting after paragraph (1) the following: (2) for a single-hull tank vessel— (A) during the period beginning January 1, 2005, and ending December 31, 2005, the greater of— (i) $2,400 per gross ton; or (ii)(I) in the case of a vessel of greater than 3,000 gross tons, $20,000,000; |
108hr5431ih | or (II) in the case of a vessel of 3,000 gross tons or less, $4,000,000; (B) during the period beginning January 1, 2006, and ending December 31, 2006, the greater of— (i) $3,600 per gross ton; or (ii)(I) in the case of a vessel of greater than 3,000 gross tons, $30,000,000; or (II) in the case of a vessel of 3,000 gross tons or less, $6,000,000; |
108hr5431ih | (C) during the period beginning January 1, 2007, and ending December 31, 2007, the greater of— (i) $4,800 per gross ton; or (ii)(I) in the case of a vessel of greater than 3,000 gross tons, $40,000,000; or (II) in the case of a vessel of 3,000 gross tons or less, $8,000,000; (D) during the period beginning January 1, 2008, and ending December 31, 2008, |
108hr5431ih | the greater of— (i) $6,000 per gross ton; or (ii)(I) in the case of a vessel of greater than 3,000 gross tons, $50,000,000; or (II) in the case of a vessel of 3,000 gross tons or less, $10,000,000; (E) during the period beginning January 1, 2009, and ending December 31, 2009, the greater of— (i) $7,200 per gross ton; |
108hr5431ih | or (ii)(I) in the case of a vessel of greater than 3,000 gross tons, $60,000,000; or (II) in the case of a vessel of 3,000 gross tons or less, $12,000,000; and (F) after December 31, 2009, the maximum amount permitted under the Constitution; ; (4) in paragraph (3) (as redesignated by paragraph (2))— (A) by striking $600 and inserting $1,200 ; and (B) by striking $500,000 and inserting $1,000, |
108hr5431ih | 000 ; (5) in paragraph (4) (as redesignated by paragraph (2)), by striking $75,000,000 and inserting $150,000,000 ; and (6) in paragraph (5) (as redesignated by paragraph (2)), by striking $350,000,000 and inserting $700,000,000. (b) Adjustment of liability limits
Section 1004(d) of the Oil Pollution Act of 1990 ( 33 U.S.C. |
108hr5431ih | 2704(d) ) is amended— (1) by striking paragraphs (1) and (2) and inserting the following: (1) Deepwater ports and associated vessels
The Secretary may establish a limit of liability of less than $700,000,000, but not less than $100,000,000, for the transportation of oil by vessel to deepwater ports (as defined in section 3 of the Deepwater Port Act of 1974 ( 33 U.S.C. 1502 ). |
108hr5431ih | ; and (2) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (c) Adjustment for inflation
Paragraph (2) of section 1004(d) of the Oil Pollution Act of 1990 ( 33 U.S.C. |
108hr5431ih | 2704(d) ) (as redesignated by subsection (b)(2)) is amended— (1) by striking The President and inserting The Secretary of the department in which the Coast Guard is located, in consultation with the Administrator of the Environmental Protection Agency and the Secretary of the Interior, ; and (2) by striking significant. 4. Carriage of liquid bulk dangerous cargoes
(a) Conditions for entry to ports in the United States
Section 9 of the Ports and Waterways Safety Act ( 33 U.S.C. |
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