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108hr4726ih | (b) Prohibited Acts
The following acts unreasonably burden and discriminate against interstate commerce, and a State, subdivision of a State, authority acting for a State or for a subdivision of a State, or any other taxing authority, taxing jurisdiction, or taxing district established under State law may not do any of them: (1) Assess natural gas pipeline property at a value that has a higher ratio to the true market value of the natural gas pipeline property than the ratio that the assessed value of other commercial and industrial property in the same assessment jurisdiction has to the true market value of the other commercial and industrial property. |
108hr4726ih | (2) Levy or collect a tax on an assessment that may not be made under paragraph (1). (3) Levy or collect an ad valorem property tax on natural gas pipeline property at a tax rate that exceeds the tax rate applicable to commercial and industrial property in the same assessment jurisdiction. (4) Impose any other tax that discriminates against a natural gas pipeline providing transportation subject to the jurisdiction of the Federal Energy Regulatory Commission. |
108hr4726ih | (c) Jurisdiction of Courts
Notwithstanding section 1341 of title 28 of the United States Code, or notions of comity, and without regard to the amount in controversy or citizenship of the parties, a district court of the United States shall have jurisdiction, concurrent with other jurisdiction of courts of the United States, States, and all other taxing authorities and taxing jurisdictions to prevent a violation of subsection (b). |
108hr4726ih | Relief may be granted under this subsection only if the ratio of assessed value to true market value of natural gas pipeline property exceeds by at least 5 percent the ratio of assessed value to true market value of other commercial and industrial property in the same assessment jurisdiction. If the ratio of the assessed value of other commercial and industrial property in the assessment jurisdiction to the true market value of all other commercial and industrial property cannot be determined to the satisfaction of the district court through the random-sampling method known as a sales assessment ratio study (to be carried out under statistical principles applicable to such a study), the court shall find, |
108hr4726ih | as a violation of this section— (1) an assessment of the natural gas pipeline property at a value that has a higher ratio to the true market value of the natural gas pipeline property than the assessed value of all other property subject to a property tax levy in the assessment jurisdiction has to the true market value of all other commercial and industrial property; and (2) the collection of an ad valorem property tax on the natural gas pipeline property at a tax rate that exceeds the tax rate applicable to taxable property in the taxing district. 2. |
108hr4726ih | Effective date; application of act
(a) Effective date
Except as provided in subsection (b), this Act shall take effect on the date of the enactment of this Act. (b) Application of act
The Act shall not apply with respect to any taxable year that begins before the date of the enactment of this Act. |
108hr5400ih | 1. Short title
This Act may be cited as the Medicare PPO Fairness Act of 2004. 2. |
108hr5400ih | Reimbursement of enrollees in the Medicare PPO Demonstration Project for expenses for covered benefits provided through out-of-network providers
(a) Notice
The Secretary of Health and Human Services shall provide written notice to each individual who is, or has been, enrolled in the Medicare PPO Demonstration Project of the following: (1) The fact that enrollees under such project are, and have been, eligible for coverage of services whether the services were provided by in-network or out-of-network providers (pursuant to section 1859(b)(2) of the Social Security Act ( 42 U.S.C. |
108hr5400ih | 1395w–28(b)(2) ). (2) There is a procedure, established under subsection (b), to provide for reimbursement for claims for services that should be (or have been) covered but were not covered because of their provision by an out-of-network provider in violation of the requirement described in paragraph (1). |
108hr5400ih | (b) Procedure for reimbursement
The Secretary shall establish a procedure for reimbursement of enrollees under the Medicare PPO Demonstration Project for claims for services furnished before January 1, 2005, that should be (or have been) covered but were not covered because of their provision by an out-of-network provider in violation of the requirement described in subsection (a)(1). |
108hr5400ih | (c) Adjustment in capitation rates
The Secretary shall provide for an adjustment in the capitation rates for plans under the Medicare PPO Demonstration Project for months in 2005 so as to reduce payment under such rates, in the aggregate, by the aggregate amount of payments the Secretary estimates will be paid under subsection (b). |
108hr5400ih | (d) Definitions
For purposes of this section: (1) Medicare PPO demonstration project defined
The term Medicare PPO Demonstration Project means the Medicare Preferred Provider Organization (PPO) Demonstration conducted by the Secretary under the authority of section 402(a) of the Social Security Amendments of 1967 ( Public Law 90–248 ; 42 U.S.C. 1395b–1(a) ). (2) Secretary
The term Secretary means the Secretary of Health and Human Services. |
108hr5308ih | 1. Transfers of funds
Section 402(h) of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. |
108hr5308ih | 1232(h) ) is amended to read as follows: (h) Transfers of interest earned by fund
(1) In general
The Secretary shall, as of the beginning of each fiscal year beginning on or after October 1, 2004, and before making any allocation with respect to the fiscal year under subsection (g), use an amount not to exceed the amount of interest that the Secretary estimates will be earned and paid to the fund during the fiscal year to make the transfers described in paragraph (2). |
108hr5308ih | (2) Transfers described
The transfers referred to in paragraph (1) are the following: (A) United Mine Workers of America Combined Benefit Fund
A transfer to the United Mine Workers of America Combined Benefit Fund, in an amount equal to the difference between— (i) the amount that the trustees of the Combined Benefit Fund estimate will be expended from the premium accounts maintained by the Combined Benefit Fund for the fiscal year of the fund in which the transfer is made; minus (ii) the amount the trustees of the Combined Benefit Fund estimate the Combined Benefit Fund will receive during such fiscal year in required health benefit premiums. |
108hr5308ih | (B) United Mine Workers of America 1992 Benefit Plan
A transfer to the United Mine Workers of America 1992 Benefit Plan, in an amount equal to the difference between— (i) the amount that the trustees of the 1992 Benefit Plan estimate will be expended from the 1992 Benefit Plan during the next calendar year to provide the benefits required by the 1992 Benefit Plan on the date of enactment of this subparagraph; minus (ii) the amount that the trustees of the 1992 Benefit Plan estimate the 1992 Benefit Plan will receive during such calendar year in required monthly per beneficiary premiums, |
108hr5308ih | including the amount of any security provided to the 1992 Benefit Plan that is available for use in the provision of benefits. (C) Multiemployer health benefit plan
A transfer to the multiemployer health benefit plan established after July 20, 1992, by the parties that are the settlors of the 1992 Benefit Plan referred to in subparagraph (B), in an amount equal to the difference between— (i) the amount that the trustees of the multiemployer health benefit plan estimate will be expended from such plan during the next calendar year, |
108hr5308ih | to provide benefits no greater than those provided by such plan on the date of enactment of this subparagraph; minus (ii) the amount of income that such trustees estimate such plan will receive during such calendar year. (3) Adjustment
If, for any fiscal year, the amount of a transfer under subparagraph (A), (B), or (C) of paragraph (2) is more or less than the amount required to be transferred under that subparagraph, the Secretary shall appropriately adjust the amount transferred under that subparagraph for the next fiscal year. |
108hr5308ih | (4) Additional amounts
(A) Previously credited interest
Notwithstanding any other provision of law, any interest credited to the fund that has not previously been transferred to the Combined Benefit Fund referred to in paragraph (2)(A) under this section shall be used— (i) to transfer to the Combined Benefit Fund such amounts as are estimated by the trustees of the Combined Benefit Fund to offset the amount of any deficit in net assets in the Combined Benefit Fund; and (ii) to the extent any such interest remains after the transfer under clause (i), to make the transfers described in subparagraphs (A), (B), |
108hr5308ih | and (C) of paragraph (2). (B) Previously allocated amounts
All amounts allocated under subsection (g)(2), including interest, before the date of enactment of this subparagraph for the program set forth under section 406, but not appropriated prior to such date, shall be available to the Secretary to make the transfers described in paragraph (2). |
108hr5308ih | (5) Limitations
(A) Availability of funds for next fiscal year
The Secretary may make transfers under subparagraphs (B) and (C) of paragraph (2) for a fiscal year only if the Secretary determines, using actuarial projections provided by the trustees of the Combined Benefit Fund referred to in paragraph (2)(A), that amounts will be available under paragraph (1), after such transfer, for the next fiscal year for making the transfer under paragraph (2)(A). |
108hr5308ih | (B) Rate of contributions of obligors
A transfer under paragraph (2)(C) shall not be made for a fiscal year unless the persons that are obligated to contribute to the plan referred to in paragraph (2)(C) on the date of the transfer are obligated to make such contributions at rates that are no less than those in effect on the date of enactment of this subparagraph.. |
108hr5112ih | 1. Certificates of recognition for employees of defense companies during the Cold War
(a) Preparation of certificates
The Secretary of Defense shall prepare a certificate recognizing the contributions to the national defense during the Cold War by eligible persons employed by defense companies and shall provide the certificate to such persons, in accordance with this Act. (b) Eligible persons
A person who was employed by an eligible defense company during the Cold War is eligible to receive a certificate under this Act. |
108hr5112ih | (c) Application
The Secretary shall provide a certificate prepared under subsection (a) to any eligible person who submits an application to the Secretary at such a time, in such manner, and containing such information and assurances as the Secretary may require. (d) Issuance to representative of deceased
If an eligible person dies before being issued a certificate under this Act, a representative of that person may apply for a certificate and the certificate may be provided to such representative. 2. |
108hr5112ih | Definitions
In this Act, the following definitions apply: (1) Cold War
The term Cold War means the period beginning on September 2, 1945, and ending on December 26, 1991. (2) Eligible defense company
The term eligible defense company means a private entity engaged in providing significant and substantial defense-related systems, products, or services to the Department of Defense or the Department of Energy (or any predecessor agency). |
108hr5387ih | 1. Short title
This Act may be cited as the Wauconda Technical and Environmental Remediation Act of 2004. 2. Findings
Congress finds the following: (1) The Wauconda Sand and Gravel Superfund site, included on the National Priorities List (September, 1983) by the EPA, is a former sand and gravel operation in Lake County, Illinois. (2) In 1941, the Wauconda Sand and Gravel Pit in the Village of Wauconda in Lake County, Illinois, began operation as a landfill. |
108hr5387ih | (3) According to a health consultation report released by the Agency for Toxic Substances and Disease Registry, this landfill accepted an estimated 5.4 million cubic yards of waste that included residential garbage, construction debris, and industrial waste and sludge until it closed in July, 1978. (4) The site consists of roughly 74 acres, which includes a 47-acre non-permitted landfill and a 6-acre landfill permitted by the Illinois environmental protection agency. |
108hr5387ih | (5) After receiving information concerning the dumping of large quantities of polychlorinated biphenyl, the EPA and the Illinois environmental protection agency started investigations into the possibility of chemicals leaking from the site. (6) The EPA, after receiving the results from those investigations, placed the Wauconda Sand and Gravel pit on the National Priorities List in September, 1983. (7) On September 15, 2003, the Lake County Health Department, Illinois, started sampling 17 residential wells east of the site. |
108hr5387ih | The results of the testing of these wells showed vinyl chloride contamination in 7 wells, with the highest level of contamination being 3.6 micrograms per liter. (8) On January 13, 2004, the Lake County Health Department held a public meeting to discuss these results with local residents. The EPA started negotiating with potentially responsible parties, named the Wauconda Task Group, to provide for the testing of 121 additional wells in the Hillcrest subdivision in Wauconda and to provide bottled drinking water to Wauconda residents. |
108hr5387ih | (9) After completion of the testing in March, 2004, 81 of the 121 residential wells tested showed vinyl chloride contamination. (10) The results were discussed with local residents and the Wauconda Task Group provided bottled drinking water to Wauconda residents whose wells tested above 1 microgram of vinyl chloride per liter. (11) The Wauconda Task Group, under the oversight of the EPA, was also given the opportunity to expand testing sites. 3. |
108hr5387ih | Assistance
(a) Immediate assistance
The Administrator of the EPA shall— (1) provide bottled drinking water to Wauconda residents served by residential wells with any contamination of vinyl chloride; and (2) increase the testing and monitoring of wells of Wauconda residents. (b) Continuing responsibility
Nothing in this Act may be construed to relieve the Administrator, any other head of a Federal agency, or a potentially liable party of any legal liability with respect to the cleanup of the Wauconda Sand and Gravel Superfund site. |
108hr5387ih | (c) Remedial assistance
The Administrator shall— (1) conduct a study to examine possible long term solutions to remediate the Wauconda Sand and Gravel Superfund site and to provide a clean drinking water source for Wauconda residents; and (2) make recommendations and implement a long term solution based on such recommendation to provide a clean drinking water source for such residents. |
108hr5387ih | (d) Comprehensive resolution
The Administrator shall work with the heads of other appropriate Federal and State agencies to seek a comprehensive resolution to both the short term and long term environmental and health problems related to the Wauconda Sand and Gravel Superfund site. (e) Authorization of appropriations
There are authorized to be appropriated to carry out this section, $6,000,000 from the Hazardous Substance Superfund established under section 9507 of the Internal Revenue Code of 1986. 4. |
108hr5387ih | Definitions
For purposes of this Act: (1) Wauconda resident
The term Wauconda resident means an individual living within a 1.5-mile radius of the Wauconda Sand and Gravel Superfund site. (2) EPA
The term EPA means the Environmental Protection Agency. |
108hr4973ih | 1. Short title
This Act may be cited as the Graduation Really Achieves Dreams Act or the GRAD Act. 2. Findings
The Congress makes the following findings: (1) The national high school graduation rate is only 70 percent, and in urban districts that percentage drops further to only 50 percent. (2) The national graduation rate for the class of 2001 was only 51 percent for African Americans and 52 percent for Latino students. (3) Each school day, approximately 3,000 secondary school students drop out of school. |
108hr4973ih | (4) Six million secondary students who make up the lowest 25 percent in terms of achievement scores are 3.5 times more likely to drop out than students in the next highest quarter of academic achievement, and are 20 times more likely to drop out than high achieving students. (5) Approximately 25 percent of secondary school students are reading at below basic levels. The problem is even more severe for poor students of color. The average minority or low-income ninth grader performs at only the fifth or sixth grade level in reading. |
108hr4973ih | (6) Low graduation rates are evidence that, in the earlier grades, schools are not meeting the fundamental achievement needs of low-income students. (7) Even those students who do graduate from secondary schools and go on to college are struggling because they lack the basic skills to succeed. Approximately 40 percent of all 4-year college students take a remedial course and 63 percent of all community college students are assigned to at least one remedial course. (8) A small percentage of low-income students who manage to enter college are able to complete a degree. |
108hr4973ih | Of students from families in the bottom 20 percent in terms of income who enter college, only 27 percent go on to complete a two- or four-year college degree within eight years. (9) Graduation rates impact early drop-out rates in the military. The attrition rates of both non-high school graduates and GED recipients are 8 percentage points higher than the rates of graduates. As a result, the Armed Services no longer accepts high school drop-outs and put less value on alternative certificates. |
108hr4973ih | (10) Students who fail to graduate from high school are more likely to engage in criminal activity than students who graduate. A one percent increase in high school graduation rates would save approximately $1.4 billion in costs associated with incarceration, or about $2,100 for each male high school graduate. (11) In today’s workplace, nearly 8 in 10 adults with bachelors degrees are employed, but for those who completed high school only, the figure falls to about 6 in 10. And for students who dropped out, the figure drops further to 4 in 10. |
108hr4973ih | (12) Employment projections indicate that jobs requiring only a high school degree will grow by just 9 percent by the year 2008, while those requiring a bachelor’s degree will grow by 25 percent and those requiring an associate’s degree will grow by 31 percent. (13) Personalization of the school environment has been proven to increase success rates for low-performing secondary school students. Nearly 50 percent of middle school youth and 40 percent of high school youth report feelings of disengagement from school. Rates are even higher for teens and minorities in urban schools. |
108hr4973ih | These feelings result in failure to work hard, to seek assistance, or to take appropriate courses. (14) Effective research-based education programs that improve high school graduation rates are comprehensive in nature and include interventions that begin in kindergarten and span all the grades through 12th. 3. Project GRAD
(a) Purpose
The purpose of the program authorized under this Act is— (1) to provide support and assistance to programs implementing integrated education reform services to improve high school graduation and college going rates for disadvantaged students; and (2) to promote the establishment of new programs to implement such integrated education reform services. |
108hr4973ih | (b) Grant authorized
The Secretary is authorized to award a grant to Project GRAD USA, a nonprofit educational organization that has as its primary purpose the improvement of high school graduation and college going rates for disadvantaged students (hereinafter in this section referred to as the grantee ), to provide support and technical assistance to existing programs implementing the set of integrated education reform services described in subsection (d)(2) and to promote the expansion of such programs. |
108hr4973ih | (c) Requirements of grant agreement
The Secretary shall enter into an agreement with the grantee that requires that— (1) the grantee will enter into subcontracts with nonprofit educational organizations (hereinafter in this section referred to as subgrantees ) under which the subgrantees will agree to establish, operate, and provide the non-Federal share of the cost of implementing Project GRAD programs; (2) the grantee will provide such technical assistance to the subgrantees as may be necessary to carry out the provisions of this section; |
108hr4973ih | (3) funds made available under the grant can be used to pay the Federal share of the cost of establishing and operating programs as provided in paragraph (1) and costs associated with the provision of technical assistance as provided in paragraph (2) ; and (4) the grantee will select only subgrantees that serve a substantial number or percentage of low-income students. (d) Supported programs
(1) Designation; feeder patterns
The programs supported with funds available under this section shall be known as Project GRAD programs. |
108hr4973ih | Such programs shall, with the agreement of the grantee, identify one or more groups of public schools at which services will be provided through establishing a feeder pattern through which elementary and secondary schools channel students having participated in Project GRAD services into an identified high school. |
108hr4973ih | (2) Integrated education reform services
The services provided through project GRAD programs shall include— (A) research-based programs in reading, mathematics, and classroom management; (B) campus-based social services programs including a systematic approach to increase family and community involvement in the schools served; (C) a college access program, which includes the provision of a college scholarship for students that meet established criteria, proven approaches to increasing student and family college awareness, and assistance for those students in applying to college for financial aid; and (D) such other services identified by the grantee as necessary to increase high school graduation and college going rates. |
108hr4973ih | (e) Use of funds
Not less than 75 percent of the funds received by the grantee under this section shall be used to fund awards to subgrantees to carry out the requirements of subsection (d)(1). The balance of such funds shall be used by grantee to carry out the requirements of subsection (d)(2) , as well as other such activities to promote greater public awareness of integrated education reform services to improve high school graduation and college going rates for disadvantaged students as described in subsection (d)(2). |
108hr4973ih | (f) Federal share
(1) In general
For purposes of subsection (c) , the term Federal share means, with respect to the costs of Project GRAD programs authorized in subsection (c) , subgrants provided by the grantee averaging $200 per pupil, adjusted to take into consideration the resources available to the school at which the subgrantee will implement the program, and the need for Project GRAD USA services to improve student outcomes. |
108hr4973ih | (2) Exception
Nothing in this subsection shall preclude the awarding of subgrants reflecting a per student cost of more than $200 if the grantee determines that additional resources were not available consistent with the requirements placed on the grantee in subsection (c)(4). (3) More may be required
If funds or resources are available to a subgrantee, the grantee may elect to award the subgrantee less than the Federal share of the cost associated with the program. |
108hr4973ih | (g) Evaluation
(1) Evaluation by the Secretary
The Secretary shall select an independent entity to evaluate every 3 years the performance of students who participate in a program under this section. The evaluation shall be contracted using the strongest possible research design for determining the effectiveness of programs funded under this section. The evaluation shall include a comparison of reading and mathematics achievement and, where applicable, high school graduation, college going, and college completion rates of students who participate in the programs funded under this section with those indicators for students of similar backgrounds who do not participate in such programs. |
108hr4973ih | (2) Evaluation by grantee and subgrantees
The grantee shall require each subgrantee to prepare an in-depth report of the results of the programs supported with funds, and the use of funds, made available under this section. Such review shall include data on the reading and math achievement of students involved in the programs and statistics on high school graduation, college going, and college completion rates, and such financial reporting as deemed relevant to review the effectiveness and efficiency of the program. |
108hr4973ih | The report shall be in a form and include such content as shall be determined by the grantee in consultation with the Secretary or the entity selected by the Secretary to evaluate the Project GRAD program. (3) Availability of evaluations
Copies of any evaluation or report prepared pursuant to this section shall be available to the Secretary and the Chairman and ranking member of the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor and Pensions of the Senate. |
108hr4973ih | (h) Authorization of appropriations
There are authorized to be appropriated to make grants under this section $27,000,000 for fiscal year 2005 and such sums as may be necessary for each of the 5 succeeding fiscal years. (i) Low-income student
For purposes of this section, the term low-income student means a student who is determined by a local educational agency to be from a low-income family using the measures described in section 1113(c) of the Elementary and Secondary Education Act of 1965. |
108hr5332ih | 1. Short title; table of contents
(a) Short title
This Act may be cited as the Matthew Boisvert Help Extend Respect Owed to Every Soldier (HEROES) Act. (b) Table of contents
The table of contents for this Act is as follows: Sec. 1. Short title; table of contents Title I—Initial Care Sec. 101. Access of veterans service organizations and military service organizations to veterans at military and veterans hospitals Sec. 102. Authority to provide civilian clothing to members traveling in connection with medical evacuation Title II—Health Care Sec. 201. |
108hr5332ih | Minimum standards for postdeployment medical examinations Sec. 202. Requirement for vouchers for psychiatric services not offered in Department of Veterans Affairs clinics Sec. 203. Health registry for veterans of Operation Iraqi Freedom and Operation Enduring Freedom Sec. 204. Rescission of Department of Veterans Affairs memorandum Title III—Transition Assistance Sec. 301. Disabled Servicemembers Support System Sec. 302. Reauthorization of Service Members Occupational Conversion and Training Act Sec. 303. Sense of Congress on DoD/VA information sharing Title IV—Homeownership Sec. 401. |
108hr5332ih | Mortgage assistance Title V—Education Sec. 501. Repeal of $1,200 reduction in basic pay required for participation by members of the Armed Forces in the Montgomery GI Bill educational assistance program 101. |
108hr5332ih | Access of veterans service organizations and military service organizations to veterans at military and veterans hospitals
(a) Access to VA facilities
The Secretary of Veterans Affairs shall allow access by representatives of military and veterans' service organizations and by representatives of veterans' services agencies of States to veterans being furnished hospital care and medical services by the Secretary in order to provide information and counseling to those veterans on the care and services authorized to be provided under laws administered by the Secretary. |
108hr5332ih | Access to veterans under this subsection shall be provided at each facility of the Department at which the Secretary furnishes care and services to veterans and at each non-Department facility at which the Secretary furnishes such care and services. |
108hr5332ih | (b) Access to DOD facilities
The Secretary of Defense shall allow access by representatives of military and veterans' service organizations and by representatives of veterans' services agencies of States to members of the Armed Forces being furnished hospital care and medical services by the Secretary in order to provide information and counseling to those veterans on the care and services authorized to be provided under laws administered by the Secretary of Defense and under laws administered by the Secretary of Veterans Affairs. Access to servicemembers under this subsection shall be provided at each military treatment facility at each other facility at which the Secretary furnishes such care and services. |
108hr5332ih | (c) Consent required
Access to a veteran under this section is subject to the consent of the veteran. 102. Authority to provide civilian clothing to members traveling in connection with medical evacuation
Section 1047 of title 10, United States Code, is amended— (1) by inserting (b) Certain Enlisted Members.— before The Secretary ; and (2) by inserting after the section heading the following: (a) Members traveling in connection with medical evacuation
The Secretary of the military department concerned may furnish civilian clothing and personal care products to a member at a cost not to exceed $250, |
108hr5332ih | or reimburse a member for the purchase of civilian clothing in an amount not to exceed $250, in the case of a member who— (1) is medically evacuated for treatment in a medical facility by reason of an illness or injury incurred or aggravated while on active duty; or (2) after being medically evacuated as described in paragraph (1), is in an authorized travel status from a medical facility to another location approved by the Secretary. 201. |
108hr5332ih | Minimum standards for postdeployment medical examinations
(a) Quality assurance
The Secretary of Defense, acting through the Assistant Secretary of Defense for Health Affairs, shall establish an effective quality assurance program that will help ensure that the Armed Forces comply with the requirements of section 1074f(d) of title 10, United States Code. |
108hr5332ih | (b) Uniform applicability
The Secretary shall ensure that the content and standards prescribed for predeployment and postdeployment medical examinations are applied uniformly at all installations and medical facilities of the Armed Forces where medical examinations required under this section are performed for members of the Armed Forces returning from a deployment as part of Operation Iraqi Freedom or Operation Enduring Freedom. (c) Inclusion of screening for mental health disorders
Any such postdeployment examination shall include content and standards for screening for mental health disorders. |
108hr5332ih | In the case of acute post-traumatic stress disorder and delayed onset post-traumatic stress disorder, such examination shall specifically include a personal evaluation to identify stressors experienced by servicemembers that have the potential to lead to post-traumatic stress disorders. An examination consisting solely or primarily of an assessment questionnaire completed by a member does not meet the requirements of this subsection for a medical examination and does not meet the requirements of this section for an assessment. An examination of a member required under this section may not be waived by the Secretary (or any official exercising the Secretary's authority under this section) or by the member. 202. |
108hr5332ih | Requirement for vouchers for psychiatric services not offered in Department of Veterans Affairs clinics
The Secretary of Veterans Affairs shall provide vouchers to veterans entitled to psychiatric and mental health services at medical facilities of the Department of Veterans Affairs for use at non-Department facilities in the case of eligible veterans who reside more than 50 miles from the nearest such facility of the Department. 203. |
108hr5332ih | Health registry for veterans of Operation Iraqi Freedom and Operation Enduring Freedom
(a) Establishment
The Secretary of Veterans Affairs shall establish and maintain a special record containing health status information concerning individuals who as members of the Armed Forces served during Operation Iraqi Freedom or Operation Enduring Freedom. The registry shall be used to record demographic information on those individuals and their mental and physical health history, including signs of post-traumatic stress disorder. (b) Claims for compensation
The Secretary shall include in the information maintained in the record under subsection (a) information on claims for veterans’ disability compensation due to ill health. |
108hr5332ih | (c) Compatibility with DOD registry
The Secretary shall ensure that the information in the record under this section be collected and maintained so as to enable easy cross-reference with a registry for the Department of Defense established under this Act. (d) Notification of research developments
The Secretary shall notify individuals in the Registry from time to time on significant developments in research on the health consequences of military service during the operations specified in subsection (a). 204. |
108hr5332ih | Rescission of Department of Veterans Affairs memorandum
(a) Rescission of memorandum
The memorandum of the Department of Veterans Affairs dated July 18, 2002, from the Deputy Under Secretary for Health for Operations and Management with the subject Status of VHA Enrollment and Associated Issues is hereby rescinded. Marketing activities of Directors of health service networks (known as Veterans Integrated Service Networks ) of the Department of Veterans Affairs to enroll new veterans within their respective networks shall be carried out without regard to such memorandum. |
108hr5332ih | (b) Funding limitation
No funds available to the Department of Veterans Affairs may be used to carry out the memorandum referred to in subsection (a) or otherwise to implement the policy contained in that memorandum. 301. Disabled Servicemembers Support System
(a) DSSS Program
The Secretary of each military department shall carry out a program to provide a support system for members of the Armed Forces who incur severe disabilities on or after September 11, 2001. The program shall include a system of advocacy and follow-up with personal support to assist those members as they transition from military service to the civilian community. |
108hr5332ih | (b) Service executive agent
The Secretary of each military department shall designate an executive agent for each of the Armed Forces under that Secretary’s jurisdiction to have the authority and responsibility to carry out the program under this section throughout that Armed Force and, in cooperation with the Secretary of Homeland Security, for members of the Coast Guard with severe disabilities. |
108hr5332ih | (c) Personnel
The Secretary shall ensure that there are sufficient personnel assigned to the program so that the the ratio of severely disabled members or former members eligible for the program at any time to the number of personnel assigned to the program with specific responsibility for advocacy and follow-up for assigned members and former members is not greater than 30:1. (d) Authorization
There are authorized to be appropriated for fiscal years 2005 through 2009 such sums as may be necessary to carry out the programs under this section. 302. |
108hr5332ih | Reauthorization of Service Members Occupational Conversion and Training Act
(a) Employment training assistance
The Secretary of Defense shall carry out a program to assist eligible persons in obtaining employment through participation in programs of significant training for employment in stable and permanent positions. The program shall be carried out through payments to employers who employ and train eligible persons in such positions, to defray the costs of necessary training. |
108hr5332ih | (b) Agreements with State agencies
The Secretary (or other implementing official) may enter into contracts or agreements with State approving agencies (as designated pursuant to section 3671 of title 38, United States Code) or other State agencies to carry out duties under the program. The Secretary (or other implementing official) shall require each such State approving agency or other State agency to submit to the Secretary (or other official) a monthly certification of charges submitted for expenses under the program. |
108hr5332ih | (c) Eligible persons
For purposes of the program under this section, a person is an eligible person if the person is an eligible person under the Service Members Occupational Conversion and Training Act of 1992 ( 10 U.S.C. 1143 note) or if the person, while a member of the Armed Forces on active duty, served in Operation Enduring Freedom or Operation Iraqi Freedom. |
108hr5332ih | (d) Incorporation of provisions of 1992 Act
In carrying out the program under this section, the Secretary shall, to the maximum extent practicable, incorporate the provisions of the Service Members Occupational Conversion and Training Act of 1992 ( 10 U.S.C. 1143 note). 303. |
108hr5332ih | Sense of Congress on DoD/VA information sharing
It is the sense of Congress that the Secretary of Defense and the Secretary of Veterans Affairs— (1) should jointly identify ways to improve the coordination and cooperation between the two departments to support the provision of veterans' benefits to members and former members of the Armed Forces who have been deployed as described in section 1074f(a) of title 10, United States Code, as well as to other members and former members of the Armed Forces; and (2) in particular, should specifically address compatibility of health care filing systems, consistency of claims forms, consistency of medical examinations, |
108hr5332ih | and shared electronic databases with appropriate privacy protections. 401. Mortgage assistance
(a) In general
Section 230 of the National Housing Act ( 12 U.S.C. 1715u ) is amended by adding at the end the following new subsection: (g) (1) The Secretary shall provide assistance and supplemental assistance under this subsection with respect to mortgages of members of the Armed Forces who are seriously injured during service in the Armed Forces, for the purpose of avoiding foreclosure on the mortgages. |
108hr5332ih | (2) An individual shall be eligible for assistance under this subsection only if— (A) the individual has been seriously injured while on active duty in the Armed Forces; and (B) the income of the individual is materially reduced (in the determination of the Secretary) because of such injury. (3) A mortgage shall be eligible for assistance under this subsection only if— (A) the mortgagor is an eligible member of the Armed Forces; and (B) the dwelling that secures the loan subject to the mortgage is the primary residence of the eligible member of the Armed Forces. |
108hr5332ih | (4) (A) Subject only to the availability of amounts provided under appropriations Acts, the Secretary shall provide assistance under this subsection in the form of monthly payments made by the Secretary to the mortgagee of an eligible mortgage on behalf of any eligible member of the Armed Forces. (B) Assistance payments under this paragraph shall be made for the 2-year period beginning upon the serious injury of the eligible member of the Armed Forces. |
108hr5332ih | (C) Assistance payments under this paragraph shall be in the amount determined by the Secretary to be necessary to pay any monthly charges during such period for principal, interest, taxes, assessments, ground rents, hazard insurance, and mortgage insurance premiums (unless otherwise provided under section 222(c)), and may include an amount necessary to make the payments on the mortgage current. |
108hr5332ih | (5) (A) Subject only to the availability of amounts provided under appropriations Acts, the Secretary shall provide supplemental assistance under this subsection in the form of monthly supplemental payments made by the Secretary to the mortgagee of an eligible mortgage on behalf of any eligible member of the Armed Forces. (B) Supplemental assistance payments under this paragraph shall be made for the period beginning upon the expiration of the 2-year period under paragraph (4)(B) and ending upon payment in full of the obligation under the eligible mortgage. |
108hr5332ih | (C) Supplemental assistance payments under this paragraph shall be made in the amount equal to the difference between— (i) the amount determined by the Secretary to be necessary to pay any monthly charges for principal, interest, taxes, assessments, ground rents, hazard insurance, and mortgage insurance premiums (unless otherwise provided under section 222(c)); and (ii) 30 percent of the monthly income of the household of the mortgagor. (D) Supplemental assistance payments under this paragraph may include an amount necessary to make the payments on the mortgage current. |
108hr5332ih | (6) The Secretary may prescribe additional requirements to carry out this subsection. (7) For purposes of this subsection: (A) The term active duty means full-time duty in the active military service of the United States. The term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. |
108hr5332ih | (B) The term Armed Forces means the Army, Navy, Air Force, Marine Corps, and Coast Guard, and includes members of the National Oceanic and Atmospheric Administration and the Public Health Service when assigned to and serving with the Armed Forces. (C) The term eligible member of the Armed Forces means an individual who meets the requirements under paragraph (2). (D) The term eligible mortgage means a mortgage that meets the requirements under paragraph (3). The term mortgage means all first mortgages and includes mortgages not insured under this title. |
108hr5332ih | (E) The term income means income from all sources and members of the household, including any benefits and annuities, as determined in accordance with criteria prescribed by the Secretary. (8) There are authorized to be appropriated such sums as may be necessary to carry out this subsection.. (b) Effective date
Assistance may be provided under the amendments made by subsection (a) only with respect to eligible members of the Armed Forces seriously injured on or after September 11, 2001. 501. Repeal of $1, |
108hr5332ih | 200 reduction in basic pay required for participation by members of the Armed Forces in the Montgomery GI Bill educational assistance program
Any reduction in the basic pay of an individual referred to in section 3011(b) of title 38, United States Code, by reason of such section 3011(b), or of any individual referred to in section 3012(c) of such title by reason of such section 3012(c), as of the date of the enactment of this Act shall cease, commencing with the first month beginning after such date, |
108hr5332ih | and any obligation of such individual under such section 3011(b) or 3012(c), as the case may be, as of the day before such date shall be considered to be fully satisfied as of such date. |
108hr4870ih | 1. Effective date for payment of lump sums to persons awarded the Medal of Honor
Section 1562(f) of title 38, United States Code, is amended— (1) in paragraph (1) by inserting on or after April 27, 1916, after under this section ; (2) in paragraph (2) by inserting or (4) after paragraph (1) ; and (3) by adding at the end the following new paragraphs: (3) If a person otherwise eligible for payment under paragraph (1) is deceased, |
108hr4870ih | the Secretary shall make the payment to the living person first listed below: (A) The decedent’s spouse. (B) The decedent’s children (in equal shares). (C) The decedent’s dependent parents (in equal shares). |
108hr4870ih | (4) If a person is awarded the Medal of Honor posthumously on or after April 27, 1916, the Secretary shall pay, in a lump sum, an amount equal to the total amount of special pension that the person would have received during the period beginning on the first day of the first month beginning after the date of the act for which the person was awarded the Medal of Honor and ending on the last day of the month preceding the month in which the person died to the living person first listed below: (A) The decedent’s spouse. |
108hr4870ih | (B) The decedent’s children (in equal shares). (C) The decedent’s dependent parents (in equal shares).. |
108hr5038ih | 1. Short title
This Act may be cited as the American Heroes Act. 2. Findings
Congress finds the following: (1) Each State has chosen statues of 2 local heroes to exhibit in the Capitol. (2) Most of these heroes depict figures who lived during the early years of the Nation’s history. (3) The completion of the construction of the Capitol Visitor Center will increase the size of the public space inside the Capitol complex, making more space available in which statues of noteworthy Americans should be displayed. |
108hr5038ih | (4) On September 11, 2001, the passengers of United Airlines flight number 93 made a unique contribution which helped to protect the Capitol from attack. 3. State hero designation
(a) In general
Each State may provide 1 statue of an individual representing that State which shall be displayed in the Capitol Visitor Center. (b) Criteria for heroes
The statues displayed in the Capitol Visitor Center shall be depictions of individuals who participated in the life of the State they represent in ways that will inspire young Americans to embrace the ideals of the United States as reflected in the Constitution. |
108hr5038ih | (c) Selection of heroes
No statue shall be displayed in the Capitol Visitor Center unless the individual depicted in the statue was selected in the manner described in section 4. (d) American Hero Administrator
(1) In general
The Clerk of the House of Representatives and the Secretary of the Senate shall jointly assign to 1 of their employees the post of the American Hero Administrator, with such term as agreed upon by the Clerk and the Secretary. |
108hr5038ih | (2) Statue guidelines
The American Hero Administrator shall prepare guidelines establishing the size, weight, and other necessary restrictions to be placed on the statues to be displayed in the Capitol Visitor Center under this Act. 4. State American Hero Commissions
(a) In general
In order for a statue provided by a State to be placed in the Capitol Visitor Center under this Act, the State shall establish an American Hero Commission to select the individual to represent that State. |
108hr5038ih | (b) Duties of the commission
(1) Selection of heroes
Each American Hero Commission shall choose, by a majority vote, after considering any suggestions submitted under subsection (b), the individual whose statue will represent the State of that Commission. (2) Commission and delivery of statue
Each American Hero Commission shall commission an artist to design and create the statue and shall arrange for the delivery of the statue to the Capitol Visitor Center. (3) Procurement of funds
Each American Hero Commission shall raise private or State funds to pay for the cost of commissioning the statue and delivering it to the Capitol Visitor Center. |
108hr5038ih | (c) Commissioners
(1) Appointment
Each American Hero Commission shall be comprised of commissioners who are appointed by Members of Congress. (2) Number
Each Member of Congress shall appoint 1 commissioner to the American Hero Commission for that Member’s State so that the total number of commissioners shall be equal to the number of Senators plus the number of Members of the House of Representatives for the State. (3) Qualifications
Commissioners shall be individuals who are respected in their communities and who are residents in good standing of the State represented by the appointing Member. |
108hr5038ih | (4) Compensation
Commissioners shall serve on the American Hero Commission without compensation. (5) Administration
The commissioners of each American Hero Commission shall establish the rules, meeting schedules, and deadlines that they consider appropriate in carrying out their duties. (d) Consultation of essays
(1) Request for essays
Each American Hero Commission shall ask that young people who are between the ages of 14 and 18 and who live in the State to write essays suggesting individuals to represent the State in a statue displayed in the Capitol Visitor Center under this Act and to submit the essays to the Commission. |
108hr5038ih | (2) Consultation
In determining who will represent their State, the commissioners of each American Hero Commission shall consider any individuals suggested in the essays submitted under paragraph (1). 5. Statue honoring the passengers of Flight 93
(a) Procurement and installation of statue
The Architect of the Capitol shall procure and install a statue honoring the passengers of United Airlines flight number 93 who died on September 11, 2001 for their heroic role in protecting Washington, DC from attack. (b) Authorization of appropriations
There is authorized to be appropriated such sums as may be necessary to carry out this section. |
108hr4709ih | 1. Short title
This Act may be cited as the Military Sexual Assault Crimes Revision Act of 2004. 2. Military sexual abuse
(a) Sexual abuse
Section 920 of title 10, United States Code (article 120 of the Uniform Code of Military Justice), is amended to read as follows: 920. Art. 120. Sexual abuse
(a) Any person subject to this chapter who knowingly— (1) causes another person to engage in a sexual act by using force against that other person; |
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